Skip to main content

Full text of "The evolution of property from savagery to civilization"

See other formats


NUNC  COCNOSCO  EX  PARTE 


TRENT  UNIVERSITY 
LIBRARY 


THE 

Evolution  of  Property 

FROM 

Savagery  to  Civilization 


By  PAUL  LAFARGUE 


CHICAGO 

CHARLES  H.  KERR  &  COMPANY 
CO-OPERATIVE 


VY^)  -\M  -Vv\ 


“The  economic  structure  of  society  is  the  real  basis  on  which  the 
juridical  and  political  superstructure  is  raised,  and  to  which  definite 
social  forms  of  thought  correspond :  in  short,  the  mode  of  produc¬ 
tion  determines  the  character  of  the  social,  political,  and  intellectual 
life  generally.” 

Kabl  Marx,  Capital. 


“A  critical  knowledge  of  the  evolution  of  the  idea  of  property 
would  embody,  in  some  respects,  the  most  remarkable  portion  of  the 
mental  history  of  mankind.” 

Lewis  H.  Morgan,  Ancient  Society. 


172864 


Digitized  by  the  Internet  Archive 
in  2019  with  funding  from 
Kahle/Austin  Foundation 


https://archive.org/details/evolutionofpropeOOOOIafa 


CONTENTS 


Chapteb  Page 

I.  Forms  of  Contemporaneous  Property.  7 

II.  Primitive  Communism .  20 

III.  Family  or  Consanguine  Collectivism.  45 

IV.  Feudal  Property .  75 

V.  Bourgeois  Property . 126 


THE  EVOLUTION  OF  PROPERTY 

CHAPTER  I 


FORMS  OF  CONTEMPORANEOUS  PROPERTY 

Political  economists  have  laid  it  down  as  an 
axiom  that  Capital,  the  form  of  property  at  pres¬ 
ent  predominant,  is  eternal;  they  have  tasked 
their  brains  to  show  that  capital  is  coeval  with 
the  world,  and  that  as  it  has  had  no  beginning,  so 
it  can  have  no  end.*  In  proof  of  which  astound¬ 
ing  assertion  all  the  manuals  of  political  economy 
repeat  with  much  complacency  the  story  of  the 
savage  who,  having  in  his  possession  a  couple  of 
bows,  lends  one  of  them  to  a  brother  savage,  for  a 
share  in  the  produce  of  his  chase. 

So  great  were  the  zeal  and  ardor  which  econo¬ 
mists  brought  to  bear  on  their  search  for  capital¬ 
istic  property  in  prehistoric  times,  that  they  suc¬ 
ceeded,  in  the  course  of  their  investigations,  in 
discovering  the  existence  of  property  outside  the 
human  species,  to  wit,  among  the  invertebrates : 
for  the  ant,  in  her  foresight,  is  a  hoarder  of  pro¬ 
visions.  It  is  a  pity  that  they  should  not  have 
gone  a  step  farther,  and  affirmed  that,  if  the  ant 
lays  up  stores,  she  does  so  with  a  view  to  sell  the 

•By  capital  is  meant  anything  which  produces  interest:  a  snm 
of  money  lent,  which  at  the  end  of  months,  or  years,  yields  a  profit; 
land  that  is  cultivated,  or  any  instrument  of  labor  that  is  set  in 
action  not  by  its  proprietor,  but  by  salaried  workmen ;  but  the  land 
which  is  cultivated  by  the  peasant  and  his  family,  the  gun  of  the 
poacher,  the  plane  or  hammer  of  the  carpenter,  albeit  property,  is 
not  capitalistic  property,  because  the  owner  utilizes  it  himself  in¬ 
stead  of  using  it  to  extract  surplus  value  from  others.  The  notion 
of  profit  without  labor  sticks  like  a  Nessus-shirt  to  the  term  capital. 


8  FORMS  OF  CONTEMPORANEOUS  PROPERTY 

same  and  realize  a  profit  by  the  circulation  of  her 
capital. 

But  there  is  a  gap  in  the  economists’  theory  of 
the  eternity  of  capital.  They  have  omitted  to 
show  that  the  term  capital  likewise  exists  from  all 
time.  In  a  ship  every  rope  has  its  appropriate 
name,  with  the  exception  of  the  bell  rope.  It  is 
inadmissible  that  in  the  domain  of  political 
economy  the  terminology  should  have  been  so  in¬ 
adequate  as  not  to  furnish  a  name  for  so  useful 
and  all-important  a  thing  as  capital ;  yet  it  is  a 
matter  of  fact  that  the  term  capital,  in  the  modern 
sense,  dates  no  farther  back  than  the  18th  century. 
This  is  the  case  also  with  the  word  philanthropy 
(the  humanitarian  hypocrisy  proper  to  the  capital¬ 
istic  regime).  And  it  was  in  the  18th  century  that 
capitalist  property  began  to  assert  itself,  and  to 
acquire  a  preponderating  influence  in  society. 
This  social  predominance  of  capital  led  to  the 
French  Revolution,  which,  although  one  of  the 
most  considerable  events  of  modern  history,  was, 
after  all,  but  a  bourgeois  revolution  accomplished 
with  those  catchwords  of  liberty,  fraternity, 
equality,  justice  and  patriotism  which  the  bour¬ 
geois  were,  later  on,  to  employ  in  puffing  their 
political  and  financial  enterprises.  At  the  time 
of  the  Revolution  the  capitalists  were  cattle  so 
newly  raised  by  society  that  in  his  “Dictionaire  de 
Mots  Nouveaux,”  published  in  1802,  Sebastien 
Mercier  thought  it  necessary  to  insert  the  word 
capitaliste,  and  to  append  the  following  curious 
definition : — “Capitaliste:  this  word  is  well  nigh 
unknown  out  of  Paris.  It  designates  a  monster 
of  wealth,  a  man  who  has  a  heart  of  iron,  and  no 


FORMS  OF  CONTEMPORANEOUS  PROPERTY  9 

affections  save  metallic  ones.  Talk  to  him  of  the 
land  tax — and  he  laughs  at  you ;  he  does  not  own 
an  inch  of  land,  how  should  you  tax  him?  Like 
the  Arabs  of  the  desert  who  have  plundered  a 
caravan,  and  who  bury  their  gold  out  of  fear  of 
other  brigands,  the  capitalists  have  hidden  away 
our  money.” 

In  1802  mankind  had  not  as  yet  acquired  the 
feeling  of  profound  respect  which  in  our  day  is 
inspired  by  the  capitalist. 

The  term  capital,  though  of  Latin  origin,  has 
no  equivalent  in  the  Greek  and  Latin  tongues. 
The  non-existence  of  the  word  in  two  such  rich 
languages  affords  a  proof  that  capitalist  property 
did  not  exist  in  ancient  times,  at  least  as  an  eco¬ 
nomical  and  social  phenomenon. 

The  form  of  property  which  corresponds  to  the 
term  capital  was  developed  and  acquired  social 
importance  only  after  the  establishment  of  com¬ 
mercial  production,  which  crowned  the  econom¬ 
ical  and  political  movement  agitating  Europe  after 
the  12th  century.  This  commercial  production 
was  stimulated  by  the  discovery  of  America  and 
the  route  to  India  by  the  Cape  of  Good  Hope,  by 
the  importation  of  precious  metals  from  America, 
the  taking  of  Constantinople,  the  invention  of 
printing,  the  family  alliances  among  the  sover¬ 
eigns  of  Europe,  and  the  organization  of  the 
great  feudal  states,  with  the  relative  and  general 
pacification  which  resulted  therefrom.  All  these 
and  other  collateral  causes  co-operated  to  create 
a  rapid  development  of  capital,  the  most  perfect 
of  all  forms  of  private  property,  and,  it  may  be 
averred,  the  last.  The  comparatively  recent  ap- 


10  FORMS  OF  CONTEMPORANEOUS  PROPERTY 


pearance  of  capital  is  the  best  proof  adducible  that 
property  is  not  immutable  and  always  the  same, 
but  that,  on  the  contrary,  it,  like  all  material  and 
intellectual  phenomena,  incessantly  evolves  and 
passes  through  a  series  of  forms  which  differ,  but 
are  derived,  from  one  another. 

So  far  indeed  is  property  from  being  always 
identical  that  in  our  own  society  it  affects  divers 
forms,  capable  of  being  reduced  to  two  principal 

'a.  Common  property  of  ancient 
origin ,  the  type  of  which  are 
the  communal  lands,  exposed 
for  centuries  past  to  the  en¬ 
croachments  of  the  nobility 
and  bourgeoisie. 

"  b.  Common  property  of  modern 
origin,  administered  by  the 
State,  comprised  under  the 
term  Public  Services,  (the 
Mint,  Post  Office,  Public 
Roads,  National  Libraries,  Mu- 
^  seums,  etc.) 

{a.  Property  of  personal  appro¬ 
priation. 

b.  Property.  —  Instruments  of 
labor. 

c.  Property. — Capital. 

(a.)  Property  of  personal  appropriation  be¬ 
gins  with  the  food  one  eats,  and  extends  to  the 
articles  of  clothing  and  objects  of  luxury  (rings, 
jewels,  etc.),  with  which  one  covers  and  decks 
oneself.  Time  was  when  the  house,  too,  was  in¬ 
cluded  in  this  branch  of  personal  property  ;  a  man 
possessed  his  dwelling,  a  marble  palace  or  a  hut 
of  straw,  like  the  tortoise  his  shell.  If  by  the 
application  of  machinery  to  industry,  civilization 


I.  Forms  of 
Common  Property. 


II.  Forms  of 
Private  Property. 


FORMS  OF  CONTEMPORANEOUS  PROPERTY  11 

has  placed  numberless  objects  of  luxury  within 
the  reach  of  the  poor  which  hitherto  have  been 
purchasable  by  the  rich  alone,  it  has  on  the  other 
hand  deprived  the  bulk  of  the  nation  of  their 
dwelling-house.  It  constrains  them  to  live  in 
hired  apartments  and  furnished  lodgings ;  and  in 
the  midst  of  unprecedented  wealth  it  has  reduced 
the  producer  to  a  strict  minimum  of  property  of 
personal  appropriation. 

Capitalist  civilization  condemns  the  proletarian 
to  vegetate  in  conditions  of  existence  inferior  to 
those  of  the  savage.  To  waive  the  important 
fact  that  the  savage  does  not  labor  for  others,  and 
to  confine  ourselves  wholly  to  the  question  of 
food,  it  is  indisputable  that  the  barbarians  who 
invaded  and  peopled  Europe,  and  who,  possess¬ 
ing  as  they  did,  herds  of  swine  and  other  ani¬ 
mals,  and  having  within  their  reach  all  the  re¬ 
sources  of  the  chase  in  richly  stocked  forests, 
and  of  fishing  in  the  seas  and  rivers — if  ill-clad 
with  the  skins  of  wild  beasts  and  coarsely-woven 
materials — partook  of  more  animal  food  than  do 
our  proletarians,  whose  shoddy  clothing,  excel¬ 
lently  woven  by  perfected  machinery,  is  a  very 
poor  protection  against  the  inclemencies  of  the 
weather.  The  condition  of  the  proletarian  is  the 
harder  in  that  his  constitution  is  less  robust  and 
less  inured  to  the  rigor  of  the  climate  than  was 
the  body  of  the  savage.  The  following  fact  af¬ 
fords  an  idea  of  the  robustness  of  uncivilized 
man.  In  the  prehistoric  tombs  of  Europe  skulls 
have  been  discovered  bearing  traces  of  perfora¬ 
tions  suggestive  of  trepanning.  Anthropologists 
at  first  took  these  skulls  for  amulets  or  orna- 


12  FORMS  OF  CONTEMPORANEOUS  PROPERTY 

ments,  and  concluded  that  they  had  been  per¬ 
forated  after  death,  until  Broca  showed  that 
the  operation  could  not  have  been  performed  on 
corpses  by  producing  a  number  of  skulls  in  which 
a  process  of  cicatrisation  was  observable,  that 
could  not  have  taken  place  unless  the  trepanned 
person  had  survived  the  operation.  It  was  ob¬ 
jected  that  it  must  have  been  impossible  for 
ignorant  savages,  with  their  rude  instruments  of 
bronze  and  silex,  to  practice  so  delicate  an  opera¬ 
tion,  considered  dangerous  by  modern  doctors, 
despite  their  learning  and  the  excellence  of  their 
surgical  instruments.  But  all  doubts  have  been 
now  removed  by  the  positive  knowledge  that  this 
kind  of  operation  is  practiced  by  savages  with 
perfect  success.  Among  the  Berbers  of  the  pres¬ 
ent  day  the  operation  is  performed  in  the  open  air, 
and  after  the  lapse  of  a  few  days,  to  the  infinite 
astonishment  of  European  witnesses,  the  tre¬ 
panned  man  is  on  his  legs  again  and  resumes  his 
occupations  just  as  if  a  portion  of  his  skull  had 
not  been  scraped  away,  for  the  operation  is  per¬ 
formed  by  scraping.  Skull  wounds,  which  entail 
such  grave  complications  in  civilized  persons, 
heal  with  extraordinary  quickness  and  ease  in 
primitive  peoples.  Notwithstanding  the  frantic 
enthusiasm  with  which  civilization  inspires  the 
philistine,  the  physical,  and  maybe  the  mental, 
inferiority  of  the  civilized  man,  allowing,  of 
course,  for  exceptions,  must  be  conceded.  It  will 
require  an  education  beginning  at  the  cradle  and 
prolonged  throughout  life  and  continued  for 
several  generations  to  restore  to  the  human  being 
of  future  society  the  vigor  and  perfection  of  the 


FORMS  OF  CONTEMPORANEOUS  PROPERTY  13 

senses  which  characterise  the  savage  and  the 
barbarian.*  Morgan,  one  of  the  rare  anthropolo¬ 
gists  who  do  not  share  the  imbecile  disdain  pro¬ 
fessed  for  the  savage  and  the  barbarian  by  the 
philistine,  was  also  the  first  to  classify  in  logical 
order  the  abundant  and  often  contradictory  ma¬ 
terials  that  have  accumulated  respecting  savage 
races,  and  to  trace  the  first  outlines  of  the  evolu¬ 
tion  of  prehistoric  man.  He  observes,  “It  may 
be  suggested  as  not  improbable  of  ultimate 
recognition  that  the  progress  of  mankind  in  the 
period  of  savagery,  in  its  relation  to  the  sum  of 
human  progress,  was  greater  in  degree  than  in 
the  three  sub-periods  of  barbarism,  and  that  the 
progress  made  in  the  whole  period  of  barbarism 
was,  in  like  manner,  greater  in  degree  than  it  has 
been  since  the  entire  period  of  civilization.”! 
The  savage  or  barbarian  transplanted  into  civil¬ 
ized  society  cuts  a  sorry  figure :  he  loses  his  na¬ 
tive  good  qualities,  while  he  contracts  the  dis¬ 
eases  and  acquires  the  vices  of  civilized  man; 
but  the  history  of  the  Greeks  and  the  Egyptians 
shows  us  how  marvelous  a  degree  of  material 
and  intellectual  development  a  barbarous  people 
is  capable  of  attaining  when  placed  in  the  requi¬ 
site  conditions  and  evolving  freely. 

•Cffisar,  to  whom  the  panegyrists  ot  our  society  allow  certain 
powers  of  observation,  never  wearied  of  admiring  the  strength  and 
skill  In  bodily  exercises  of  the  German  barbarians  whom  he  was 
forced  to  combat.  So  great  was  his  admiration  for  them,  that  in 
order  to  overcome  the  heroic  resistance  of  the  Gauls,  commanded  by 
Vercingetorix,  he  sent  across  the  Rhine  into  Germany  for  cavalry 
and  light-armed  infantry,  who  were  used  to  engage  among  them; 
and  as  they  were  mounted  on  bad  horses  he  took  those  of  the  mili¬ 
tary  tribunes,  the  knights  and  veterans,  and  distributed  them 
among  the  Germans, — “De  Bello  Galileo, ”  vii.  65. 

f Lewis  Morgan.  "Ancient  Society,”  Part  1,  chap.  III.  "Ratio 
of  Human  Progress.” 


14  FORMS  OF  CONTEMPORANEOUS  PROPERTY 

The  civilized  producer  is  reduced  to  the  mini¬ 
mum  of  personal  property  necessary  for  the 
satisfaction  of  his  most  urgent  wants  merely  be¬ 
cause  the  capitalist  possesses  means  and  to  spare 
for  the  indulgence  of  his  most  extravagant 
fancies.  The  capitalist  should  have  a  hundred 
heads  and  a  hundred  feet,  like  the  Hecatonchiri 
of  Greek  mythology,  if  he  would  utilize  the  hats 
and  boots  that  encumber  his  wardrobe.  If  the 
proletarians  suffer  from  the  want  of  personal 
property,  the  capitalists  end  by  becoming  the 
martyrs  of  a  superfluity  thereof.  The  ennui 
which  oppresses  them,  and  the  maladies  which 
prey  on  them,  deteriorating  and  undermining  the 
race,  are  the  consequences  of  an  excess  of  the 
means  of  enjoyment. 

( b .)  Private  property  in  the  instruments  of 
labor. 

Man,  according  to  Franklin’s  definition,  is  a 
tool-making  animal.  It  is  the  manufacture  of 
tools  which  distinguishes  man  from  the  brutes, 
his  ancestors.  Monkeys  make  use  of  sticks  and 
stones,  man  is  the  only  animal  that  has  wrought 
silex  for  the  manufacture  of  arms  and  tools,  so 
that  the  discovery  of  a  stone  implement  in  a 
cavern  or  geological  stratum  is  proof  as  positive 
of  the  presence  of  a  human  being  as  the  human 
skeleton  itself.  The  instrument  of  labor,  the 
silex  knife  of  the  savage,  the  plane  of  the  car¬ 
penter,  the  bistouri  of  the  surgeon,  the  microscope 
of  the  physiologist,  or  the  plough  of  the  peasant, 
is  an  addition  to  man’s  organs  which  facilitates 
the  satisfaction  of  his  wants. 

So  long  as  petty  manual  industry  prevails,  the 


FORMS  OF  CONTEMPORANEOUS  PROPERTY  15 

free  producer  is  the  proprietor  of  his  instruments 
of  labor.  In  the  middle  ages  the  journeyman 
traveled  with  his  bag  of  tools,  which  never  left 
him ;  the  yeoman,  even  before  the  constitution  of 
private  property,  temporarily  possessed  the  patch 
of  land  which  was  allotted  to  him  in  the  terri¬ 
torial  partition ;  the  mediaeval  serf  was  so  closely 
connected  with  the  soil  he  cultivated  as  to  be  in¬ 
separable  therefrom. 

There  remain  many  vestiges  of  this  private 
property  in  the  instruments  of  labor,  but  they  are 
fast  disappearing.  In  all  the  industries  which 
have  been  seized  on  by  machinery,  the  individual 
implement  has  been  torn  out  of  the  worker’s 
hand  and  replaced  by  the  machine  tool — a  collect¬ 
ive  instrument  of  labor  which  can  no  longer  be 
the  property  of  the  producer.  Capitalism  divests 
man  of  his  personal  property,  the  tool ;  and  the 
first  perfect  instruments  he  had  manufactured  for 
himself,  his  weapons  of  defense,  were  the  first  to 
be  wrested  from  him.  The  savage  is  the  pro¬ 
prietor  of  his  bow  and  arrows,  which  constitute 
at  one  and  the  same  time  his  arms  and  his  tools, 
historically  the  most  perfected.  The  soldier  was 
the  first  proletarian  who  was  stripped  of  his 
tools,  i.  e.,  his  arms,  which  belong  to  the  govern¬ 
ment  that  enrolls  him. 

Capitalistic  society  has  reduced  to  a  minimum 
the  personal  property  of  the  proletarian.  It  was 
impossible  to  go  further  without  causing  the 
death  of  the  producer — the  capitalists’  goose  that 
lays  the  golden  eggs.  It  tends  to  dispossess  him 
altogether  of  his  instruments  of  labor,  a  spolia¬ 
tion  which  is  already  an  accomplished  fact  for 
the  great  bulk  of  workers. 


16  FORMS  OF  CONTEMPORANEOUS  PROPERTY 
(c)  Property  Capital. 

The  capital  form  of  property  is  the  truly  typical 
form  of  property  in  modern  society.  In  no  other 
society  has  it  existed  as  a  universal  or  dominant 
fact. 

The  essential  condition  of  this  form  of  property 
is  the  exploitation  of  the  free  producer,  who  is 
robbed  hourly  of  a  fraction  of  the  value  he  cre¬ 
ates  ;  a  fact  which  Marx  has  demonstrated  beyond 
refutation.  Capital  is  based  on  the  production  of 
commodities,  on  a  form  of  production,  that  is,  in 
which  a  man  produces  in  view,  not  of  the  con¬ 
sumption  of  the  laborer,  or  of  that  of  his  feudal 
lord  or  slave-owning  master,  but  in  view  of  the 
market.  In  other  societies,  also,  men  bought 
and  sold,  but  it  was  the  surplus  articles  alone 
that  were  exchanged.  In  those  societies  the 
laborer,  slave,  or  serf,  was  exploited,  it  is  true, 
but  the  proprietor  had  at  least  certain  obligations 
towards  him ;  e.  g.,  the  slaveholder  was  bound  to 
feed  his  human  beast  of  burden  whether  he 
worked  or  not.  The  capitalist  has  been  released 
from  all  charges,  which  now  rest  upon  the  free 
laborer.  It  roused  the  indignation  of  the  good 
natured  Plutarch  that  Cato,  the  sour  moralist, 
rid  himself  of  slaves  grown  old  and  decrepit  in 
his  service.  What  would  he  have  said  of  the 
modern  capitalist,  who  allows  the  workers  that 
have  enriched  him  to  starve  or  to  die  in  the 
workhouse?  In  emancipating  the  slave  and  bond- 
man,  it  was  not  the  liberty  of  the  producer  that 
the  capitalist  sought  to  compass  but  the  liberty 
of  capital,  which  had  to  be  discharged  of  all 
obligations  towards  the  workmen.  It  is  only 


FORMS  OF  CONTEMPORANEOUS  PROPERTY  17 

when  the  capital  form  of  property  is  in  force  that 
the  proprietor  can  exercise  in  all  its  stringency 
the  right  to  use  and  abuse. 

These  are  the  extant  forms  of  property  in 
modern  society.  Even  a  superficial  view  thereof 
will  convince  us  that  these  forms  are  themselves 
undergoing  change ;  e.  g.,  while  communal  prop¬ 
erty  of  ancient  origin  is  being  converted  into 
private  property,  private  capitalistic  property  is 
being  turned  into  common  property  administered 
by  the  State ;  but  before  attaining  this  ultimate 
form,  capital  dispossesses  the  producer  of  his 
individual  tool  and  creates  the  collective  instru¬ 
ment  of  labor. 

Now  having  convinced  ourselves  that  the  ex¬ 
istent  forms  of  property  are  in  a  state  of  flux  and 
evolution,  we  must  be  blind  indeed  if  we  refuse 
to  admit  that  in  the  past  also  property  was  un¬ 
stable,  and  that  it  has  passed  through  different 
phases  before  arriving  at  the  actual  forms,  which 
must,  in  their  turn,  resolve  themselves  and  be 
replaced  by  other  novel  forms. 

****** 

In  this  essay  I  propose  to  treat  of  the  various 
forms  of  property  anterior  to  its  assumption  of 
the  capital  form.  Before  entering  on  my  subject 
[  would  premise  a  few  particulars  touching  the 
method  employed  by  me  in  this  attempt  at  a 
partial  reconstruction  of  history. 

All  men,  without  distinction  of  race  or  color, 
from  the  cradle  to  the  grave,  pass  through  the 
same  phases  of  development.  They  experience 


18  FORMS  OF  CONTEMPORANEOUS  PROPERTY 

at  ages,  which  vary  within  narrow  limits,  accord¬ 
ing  to  race,  climate,  and  conditions  of  existence, 
the  same  crises  of  growth,  maturity,  and  decay. 
In  like  manner  human  societies  traverse  analo¬ 
gous  social,  religious,  and  political  forms,  with  the 
ideas  which  correspond  thereto.  To  Vico,  who 
has  been  styled  “the  father  of  the  philosophy  of 
history,”  is  due  the  honor  of  having  been  the  first 
to  apprehend  the  great  law  of  historical  develop¬ 
ment. 

In  his  “Scienza  Nuova”  he  speaks  of  “an  ideal, 
eternal  history,  in  accordance  with  which  are  suc¬ 
cessively  developed  the  histories  of  all  nations, 
from  what  state  soever  of  savagery,  ferocity,  or 
barbarism  men  progress  towards  domestication.”* 

If  we  could  ascertain  the  history  of  a  people 
from  the  state  of  savagery  to  that  of  civilization, 
we  should  have  the  typical  history  of  each  of  the 
peoples  that  have  inhabited  the  globe.  It  is  out 
of  our  power  to  reconstruct  that  history,  for  it  is 
impossible  for  us  to  reascend  the  successive 
stages  travelled  by  a  people  in  their  course  of 
progress.  But  if  we  cannot  cut  out  this  history, 
all  of  a  piece,  of  the  life  of  a  nation  or  a  race,  we 
can,  at  any  rate,  reconstruct  it  by  piecing  to¬ 
gether  the  scattered  data  which  we  possess  re¬ 
specting  the  different  peoples  of  the  globe.  It  is 
in  this  wise  that  humanity,  as  it  grows  older, 
learns  to  decipher  the  story  of  its  infancy. 

The  manners  and  usages  of  the  forefathers  of 

*TJna  etoria  ideal,  eterna,  sopra  la  quale  corrono  In  tempo  le 
atorle  dl  tuttl  le  nazioni :  ch’ovumque  da  tempi  selyaggi,  ferooi  e 
fieri  comminciamo  gli  uominl  ad  addimestlearsi.  (G.  Vico,  Principi 
di  Scienza  Nuova.  De’  Prlncipi  Libero  secondo,  Section  V.  ed.  dl 
Ferrari.  Milano,  1837.) 


FORMS  OF  CONTEMPORANEOUS  PROPERTY  19 

civilized  nations  survive  in  those  of  the  savage 
peoples  whom  civilization  has  not  wholly  exter¬ 
minated.  The  investigations  of  the  customs, 
social  and  political  institutions,  religious  and 
mental  conceptions  of  barbarians,  made  by  men 
of  learning  and  research  in  both  hemispheres, 
enable  u's  to  evoke  a  past  which  we  had  come  to 
consider  as  irrecoverably  lost.  Among  savage 
peoples,  we  can  detect  the  beginnings  of  prop¬ 
erty:  by  gleaning  facts  in  all  parts  of  the  globe, 
and  by  co-ordinating  them  into  a  logical  series, 
we  may  succeed  in  following  the  different  phases 
of  the  evolution  of  property. 


CHAPTER  II 


PRIMITIVE  COMMUNISM 

I 

If  political  economists  so  confidently  refer 
capital  to  the  childhood  of  humanity,  it  is  because 
they  indulge  themselves  in  a  convenient  ignorance 
of  the  customs  of  primitive  peoples.* 

There  are  savages  at  present  in  existence  who 
have  no  conception  of  landed  property,  whether 
private  or  collective,  and  who  have  barely  ar¬ 
rived  at  a  notion  of  individual  ownership  of  the 
objects  which  they  personally  appropriate.  Cer¬ 
tain  Australians  possess,  for  all  personal  property, 
the  objects  attached  to  their  persons,  such  as 
arms,  ornaments  inserted  in  their  ears,  lips,  and 
noses ;  or  skins  of  beasts  for  clothing ;  human 
fat,  wherewith  to  cure  their  rheumatism ;  stones 
laid  up  in  baskets,  woven  of  bark,  fastened  to  the 
body  of  the  owner.  Personally  appropriated  by 
them,  so  to  say  incorporated  with  them,  these 
objects  are  not  taken  away  from  them  at  their 
death,  but  are  burned  or  buried  with  their 

•In  his  recent  and  notorious  discussion  with  Mr.  Herbert  Spencer, 
the  learned  Professor  Huxley,  who  acts  as  a  champion  of  capital, 
and  who  calls  Rousseau  an  ignoramus,  has  given  a  remarkable  proof 
of  his  ignorance  of  the  customs  of  savages  which  he  discusses  with 
such  assurance.  “The  confident  assertions,”  wrote  the  learned  pro¬ 
fessor  in  the  Nineteenth  Century  of  January,  1890,  “that  the  land 
was  originally  held  in  common  by  the  whole  nation  are  singularly 
ill-founded."  “Land  was  held  as  private  or  several  property,  and 
not  as  the  property  of  the  public  or  general  body  of  the  nation." 

20 


PRIMITIVE  COMMUNISM 


21 


corpses.  Names  are  among  the  primary  indi¬ 
vidual  property  we  meet  with.  The  savage  never 
reveals  his  name  to  a  stranger;  it  is  a  precious 
thing  of  which  he  will  make  a  present  to  a  friend : 
so  completely  is  his  name  identified  with  his 
person,  that  after  his  death  his  tribe  ceases  to 
pronounce  it.  For  an  object  to  become  individual 
property,  it  must  be  really  or  fictitiously  incor¬ 
porated  with  the  person  of  the  proprietor :  when 
the  savage  desires  to  intimate  that  an  object  be¬ 
longs  to  him,  he  will  simulate  the  appropriation 
of  it  by  licking  it  with  his  tongue ;  the  Esquimaux 
after  buying  any  article,  if  but  a  needle,  imme¬ 
diately  applies  it  to  his  mouth,  or  he  will  con¬ 
secrate  the  object  by  a  symbolical  act,  significa¬ 
tive  of  his  intention  to  keep  the  same  for  his 
personal  use:  this  is  the  origin  of  taboo. 

Manufactured  articles  are,  in  like  manner, 
owned  only  if  they  have  been  appropriated ;  thus, 
an  Esquimaux  cannot  possess  more  than  two 
canoes ;  the  third  is  at  the  disposal  of  the  clan : 
whatsoever  the  proprietor  does  not  use  is  con¬ 
sidered  as  property  without  an  owner.  A  savage 
never  holds  himself  responsible  for  the  loss  of  a 
canoe  or  any  other  borowed  implement  for  hunt¬ 
ing  or  fishing,  and  never  dreams  of  restoring  it. 

If  the  savage  is  incapable  of  conceiving  the 
idea  of  individual  posession  of  objects  not  in¬ 
corporated  with  his  person,  it  is  because  he  has 
no  conception  of  his  individuality  as  distinct  from 
the  consanguine  group  in  which  he  lives.  The 
savage  is  environed  by  such  perpetual  material 
danger,  and  compassed  round  with  such  constant 
imaginary  terrors  that  he  cannot  exist  in  a  state 


22 


PRIMITIVE  COMMUNISM 


of  isolation ;  he  cannot  even  form  a  notion  of  the 
possibility  of  such  a  thing.  To  expel  a  savage 
from  his  clan,  his  horde,  is  tantamount  to  con¬ 
demning  him  to  death ;  among  the  prehistoric 
Greeks,  as  among  all  barbarians,  a  murder  in¬ 
tentional  or  by  accident  of  one  of  the  members 
of  the  clan  was  punished  by  exile.  Orestes,  after 
the  assassination  of  his  mother,  was  compelled  to 
expatriate  himself  to  appease  the  public  indigna¬ 
tion  ;  in  very  advanced  civilizations,  like  those  of 
Greece  and  Italy  in  historic  times,  exile  was  con¬ 
sidered  the  worst  of  penalties.  “The  exile,”  says 
the  Greek  poet  Theognis,  “has  neither  friends 
nor  faithful  comrades,  the  most  doleful  thing  in 
exile.”  To  be  divided  from  his  companions,  to 
live  alone,  seemed  a  fearful  thing  to  primeval 
man,  accustomed  to  live  in  troops. 

Savages,  even  though  individually  completer 
beings,  seeing  that  they  are  self-sufficing,  than 
are  civilized  persons,  are  so  thoroughly  identified 
with  their  hordes  and  clans  that  their  individ¬ 
uality  does  not  make  itself  felt  either  in  the 
family  or  in  property.* 

The  clan  was  all  in  all ;  the  clan  was  the  family ; 


•In  savage  hordes  there  exists  no  private  family,  not  even  the 
matriarchal  one.  The  children  belong  to  the  entire  horde,  and  they 
call  mother,  indifferently  their  own  mother,  the  sisters  of  their 
mother  and  the  women  of  the  same  age  as  their  mother.  When,  in 
process  of  time,  the  sexual  relations,  at  first  promiscuous,  began  to 
be  restricted,  prior  to  the  appearance  of  the  “pairing  family,”  there 
obtained  the  common  marriage  of  the  clan.  All  the  women  of  one 
clan  were  the  wives  of  the  men  of  another  clan,  and,  reciprocally, 
all  the  men  of  that  clan  were  the  joint  husbands  of  the  women  ; 
when  they  met,  it  was  only  necessary  for  them  to  recognize  each 
other  in  order  to  legitimate  a  conjugal  union.  This  curious  form  of 
communist  marriage  has  been  observed  in  Australia  by  Messrs.  Pison 
and  Howitt.  Traces  of  it  are  discoverable  in  the  mythological 
legends  of  Greece. 


PRIMITIVE  COMMUNISM 


23 


it  was  the  clan  that  married ;  it  was  the  clan, 
again,  that  was  the  owner  of  property.  In  the 
clan  all  things  are  in  common :  the  bushman  of 
Africa  who  receives  a  present  divides  it  among 
all  the  members  of  his  horde ;  when  he  has  cap¬ 
tured  an  animal  or  found  any  object  he  shares  his 
booty  with  his  comrades,  frequently  reserving  for 
himself  the  smallest  portion.  In  times  of  famine, 
the  young  Fuegians  explore  the  coast,  and  if  they 
chance  to  light  upon  any  Cetaceous  animal  (a 
favorite  dainty)  they  hasten,  before  touching  it, 
to  inform  their  comrades  of  their  find.  These  at 
once  hurry  to  the  spot;  whereupon  the  oldest 
member  of  the  party  proceeds  to  portion  out 
equal  shares  to  all. 

Hunting  and  fishing,  those  two  primitive  modes 
of  production,  are  practiced  jointly,  and  the  prod¬ 
uce  is  shared,  in  common.  According  to  Mar- 
tius,  the  Botocudos,  those  dauntless  tribes  of 
Brazil,  organize  their  hunt  in  concert  and  never 
abandon  the  spot  on  which  an  animal  has  been 
captured  until  they  have  devoured  it.  The  same 
fact  is  reported  of  the  Dacotas  and  the  Aus¬ 
tralians.  Even  among  those  tribes  in  which  the 
chase  in  common  is  in  abeyance,  this  ancient 
mode  of  consuming  the  prey  holds  good :  the 
successful  hunter  invited  to  a  feast  all  the  mem¬ 
bers  of  his  clan,  of  his  village,  and  occasionally  of 
his  tribe,  to  partake  of  his  chase :  they  are,  so  to 
say,  national  feasts.  At  Svarietie,  in  the  Cau¬ 
casus,  whenever  a  family  slaughters  an  ox,  a  cow, 
or  a  dozen  sheep,  it  is  the  occasion  of  a  village 
feast;  the  villagers  eat  and  drink  together  in 
memory  of  the  relations  that  have  died  in  the 


24 


PRIMITIVE  COMMUNISM 


course  of  the  year.  The  feasts  of  the  dead  are 
reminiscences  of  these  common  repasts. 

Morgan,  who  has  so  minutely  studied  the 
primitive  communist  manners,  in  his  last  and  im¬ 
portant  work*  describes  the  methods  of  hunting 
and  fishing  practiced  among  the  Redskins  of 
North  America : — “The  tribes  of  the  plain,  who 
subsist  almost  exclusively  upon  animal  food,  show 
in  their  usages  in  hunt  the  same  tendency  to  com¬ 
munism.  The  Blackfeet,  during  the  buffalo  hunt, 
follow  the  herd  on  horseback,  in  large  parties, 
composed  of  men,  women,  and  children. 

When  the  active  pursuit  of  the  herd  com¬ 
mences,  the  hunters  leave  the  dead  animal  in  the 
track  of  the  chase,  to  be  appropriated  by  the  first 
persons  who  come  up  behind.  This  method  of 
distribution  is  continued  until  all  are  supplied.  . .  . 
They  cut  up  the  beef  into  strings,  and  either  dry 
it  in  the  air  or  smoke  it  over  a  fire.  Some  make 
part  of  the  capture  into  pemmican,  which  consists 
of  dried  and  pulverized  meat,  mixed  with  melted 
buffalo  fat,  which  is  boiled  in  the  hide  of  the 
animal.  During  the  fishing  season  in  the  Colum¬ 
bia  river,  where  fish  is  more  abundant  than  in 
any  other  river  on  the  earth,  all  the  members  of 
the  tribe  encamp  together  and  make  a  common 
stock  of  the  fish  obtained.  They  are  divided  each 
day  according  to  the  number  of  women,  giving 
to  each  an  equal  share.  The  fishes  are  split  open, 
scarified  and  dried  on  scaffolds,  after  which  they 
are  packed  in  baskets  and  removed  to  the  vil¬ 
lages.” 

•Lewis  H.  Morgan,  “Houses  and  House  Life  of  the  American 
Aborigines.”  Washington,  1881. 


PRIMITIVE  COMMUNISM 


25 


When  the  savage  ceases  to  lead  a  nomadic  ex¬ 
istence,  and  when  he  settles  and  builds  himself 
a  dwelling-house,  the  house  is  not  a  private  but 
a  common  one,  even  after  the  family  has  begun 
to  assume  a  matriarchal  form.  The  communal 
houses  resemble  those  that  La  Perouse  discovered 
in  Polynesia;  they  are  10  feet  high,  110  feet  in 
length,  and  10  feet  in  width,  having  the  shape  of 
an  inverted  pirogue;  the  entrance  was  by  doors 
situated  at  both  extremities,  and  they  afforded 
shelter  for  a  clan  of  upwards  of  100  persons.  The 
long  houses  of  the  Iroquois,  which,  according  to 
Morgan,  disappeared  before  the  commencement 
of  the  present  century,  were  100  feet  long  by  30 
broad,  and  20  feet  in  height ;  they  were  traversed 
by  a  longitudinal  passage  having  an  opening  at 
both  ends;  into  this  passage,  like  the  alveoles  of 
a  hive,  opened  a  series  of  small  rooms,  7  feet  in 
width,  in  which  dwelt  the  married  women  of  the 
clan.  Each  habitation  bore  the  totem  of  the  clan, 
i.  e.,  the  animal  supposed  to  be  its  ancestor.  The 
houses  of  the  Dyaks  of  Borneo  are  similar,  with 
the  difference  that  they  are  raised  from  15  to  20 
feet  from  the  ground  on  posts  of  hard  timber; 
they  recall  the  lake  cities,  built  upon  piles,  dis¬ 
covered  in  the  Swiss  lakes.  Herodotus  says  that 
the  Paeonians  dwelt  in  houses  of  this  description 
in  Lake  Prasias  (V.,  sec.  16).  The  casas  grandes 
of  the  Redskins  of  Mexico  presented  the  appear¬ 
ance  of  an  enormous  stairway,  with  superim¬ 
posed  stories,  subdivided  into  cells  for  the 
married  people:  not  improbably  it  is  in  such  like 
communist  dwellings  that  the  prehistoric  Greeks 
lived,  as  may  be  inferred  from  the  palace  brought 


26 


PRIMITIVE  COMMUNISM 


to  light  in  Argolis  by  the  excavations  of  Dr. 
Schliemann.  In  these  communist  dwelling- 
houses  the  provisions  are  in  common  and  the  re¬ 
pasts  are  common. 

We  must  turn  to  Morgan  for  a  description  of 
the  life  of  the  inhabitants  of  these  communal 
houses.  His  researches  were  confined,  it  is  true, 
to  the  American  Redskins,  and  principally  the 
Iroquois,  amongst  whom  he  had  lived ;  but  as  he 
says,  “when  any  usage  is  found  among  the  Iro¬ 
quois  in  a  definite  or  positive  form,  it  renders 
probable  the  existence  of  the  same  usage  in  other 
tribes  in  the  same  condition,  because  their  neces¬ 
sities  were  the  same.” 

“The  Iroquois  who  formed  a  household,  culti¬ 
vated  gardens,  gathered  harvest,  and  stored  it  in 
their  dwellings  as  a  common  store.  There  was 
more  or  less  of  individual  ownership  of  these 
products  and  of  their  possession  by  different 
families.  For  example,  the  corn,  after  stripping 
back  the  husk,  was  braided  by  the  husk  in 
bunches  and  hung  up  in  the  different  apartments ; 
but  when  one  family  had  exhausted  its  supply, 
their  wants  were  supplied  by  other  families  so 
long  as  any  remained ;  each  hunting  or  fishing 
party  made  a  common  stock  of  the  capture,  of 
which  the  surplus  on  their  return  was  divided 
among  the  several  families  of  each  household, 
and,  having  been  cured,  were  kept  for  winter 
use.”  In  these  Indian  villages  we  note  the 
singular  phenomenon  of  individual  ownership 
combined  with  common  usage.  “There  is  nothing 
in  the  Indian  house  and  family  without  its  par¬ 
ticular  owner,”  remarks  Heckewelder,  in  treating 


PRIMITIVE  COMMUNISM 


27 


of  the  Delawares  and  the  Munsees;  “every  indi¬ 
vidual  knows  what  belongs  to  him,  from  the 
horse  or  cow  to  the  dog,  cat,  or  kitten  and  little 
chicken.  .  .  .  For  a  litter  of  kittens  or  a 

brood  of  chickens  there  are  often  as  many  owners 
as  there  are  individual  animals.  In  purchasing  a 
hen  with  her  brood  one  frequently  has  to  deal 
for  it  with  several  children.  Thus  while  the  prin¬ 
ciple  of  community  of  goods  prevails  in  the  state, 
the  nghts  of  property  are  acknowledged  among 
the  members  of  the  family.”* 

The  Indians  of  Laguna  village  (New  Mexico) 
had  common  stores.  “Their  women,  generally, 
have  the  control  of  the  granary,”  wrote  the  Rev. 
Sam.  Gorman  to  Morgan  in  1869,  “and  they  are 
more  provident  than  their  Spanish  neighbors 
about  the  future ;  they  try  to  have  a  year’s  pro¬ 
vision  on  hand.  It  is  only  when  two  years  of 
scarcity  succeed  each  other  that  Pueblos,  as  a 
community,  suffer  hunger.” 

Among  the  Maya  Indians  food  is  prepared  in 
a  hut,  and  every  family  sends  for  a  portion. 
Stephen  saw  a  procession  of  women  and  children, 
each  carrying  an  earthen  bowl  containing  a  quan¬ 
tity  of  smoking  hot  broth,  all  coming  down  the 
same  road  and  disappearing  among  the  different 
houses.t 

But  among  the  Iroquois  each  household  pre¬ 
pared  the  food  of  its  members.  A  matron  made 


•Heckewelder. — “History,  Manners,  and  Customs  of  Indian  Na¬ 
tions  who  once  inhabited  Pennsylvania  and  the  Neighboring  States." 
Reprinted  in  1876. — Heckewelder  lived  as  a  missionary  among  the 
American  Indians  for  fifteen  years,  from  1771  to  1786,  and  was 
conversant  with  their  language. 

tStephen.  “Incidents  of  Travel  In  Yucatan,”  II. 


28 


PRIMITIVE  COMMUNISM 


the  division  from  the  kettle  to  each  family  ac¬ 
cording  to  their  needs ;  it  was  served  warm  to 
each  person  in  earthen  or  wooden  bowls.  They 
had  neither  tables,  chairs,  or  plates,  in  our  sense, 
nor  any  room  in  the  nature  of  a  kitchen  or  a 
dining-room,  but  ate  each  by  himself,  sitting  or 
standing  where  was  most  convenient  to  the  per¬ 
son,  the  men  eating  first  and  by  themselves,  and 
the  women  and  children  afterwards  and  by  them¬ 
selves.  That  which  remained  was  reserved  for 
any  member  of  the  household  when  hungry.  To¬ 
wards  evening  the  women  cooked  hominy,  the 
maize  having  been  pounded  into  bits  the  size  of  a 
grain  of  rice,  which  was  boiled  and  put  aside  to 
be  used  cold  as  a  lunch  in  the  morning  and  even¬ 
ing  and  for  entertainment  of  visitors ;  they  had 
neither  formal  breakfast  nor  supper ;  each  person, 
when  hungry,  ate  whatever  food  the  house  con¬ 
tained.  They  were  moderate  eaters.  This,  adds 
Morgan,  is  a  fair  picture  of  Indian  life  in  general 
in  America,  when  discovered. 

Similar  manners  obtained  in  pre-historic 
Greece,  and  the  syssities  (common  repasts)  of 
historic  times  were  but  a  reminiscence  of  the 
primitive  communist  repasts.  Heraclides  of  Pon- 
tus,  the  disciple  of  Plato,  has  preserved  for  us  a 
description  of  the  communistic  repasts  of  Creta, 
where  the  primitive  manners  prevailed  during  a 
long  period  of  time.  At  the  andreies  (repasts  of 
men)  every  adult  citizen  received  an  equal  share, 
except  the  Archon,  member  of  the  council  of  the 
ancients  ( geronia ),  who  received  a  fourfold  por¬ 
tion — one  in  his  quality  of  simple  citizen,  another 
in  that  of  president  of  the  table,  and  two  addi- 


PRIMITIVE  COMMUNISM 


29 


tional  portions  for  the  care  of  the  hall  and  furni¬ 
ture.  All  the  tables  were  under  the  supervision 
of  a  matriarch,  who  distributed  the  food  and  os¬ 
tensibly  set  aside  the  choicest  bits  for  the  men 
who  had  distinguished  themselves  in  the  council 
or  on  the  battlefield.  Strangers  were  served  first, 
even  before  the  archon.  A  vessel  with  wine  and 
water  was  handed  round  from  guest  to  guest ;  at 
the  end  of  the  repast  it  was  replenished.  Hera- 
clides  mentions  common  repasts  of  the  men  only, 
but  Hoeck  assumes  that  in  the  Dorian  cities  there 
were  also  repasts  of  women  and  children.  Our 
knowledge  of  the  constant  separation  of  the  sexes 
among  savages  and  barbarians  renders  probable 
the  assumption  of  the  learned  historian  of  Creta. 
According  to  Aristotle  the  provisions  for  these 
repasts  were  furnished  by  the  harvests,  the  flocks 
and  herds,  and  the  tributes  of  the  serfs  belonging 
to  the  community ;  hence  we  may  infer  that  men, 
women,  and  children,  in  Creta,  were  maintained 
at  the  expense  of  the  state.  He  asserts  that  these 
repasts  may  be  traced  back  to  a  very  remote 
antiquity;  that  it  was  Minos  who  established 
them  in  Creta  and  Italus  among  the  Oenotrians, 
whom  he  taught  agriculture;  and  as  Aristotle 
finds  these  common  repasts  still  prevalent  in 
Italy,  he  concludes  that  they  originated  there, 
ignoring  the  fact  that  they  occur  among  all  prim¬ 
itive  peoples.* 

Plutarch  informs  us  that  at  these  common  re¬ 
pasts  no  one  person  was  considered  as  superior  to 
the  other,  wherefore  he  styles  them  aristocratic 


•Aristotle.  ‘•Politics,” 
;hap  ix.,  sections  2,  3,  4. 


Book  II.,  chap,  iii.,  section  4.  Book  IV., 
French  ed.,  B.  St.  HHaire,  1848. 


30 


PRIMITIVE  COMMUNISM 


assemblies  ( sunedria  aristokratika).  The  persons 
who  sat  down  at  the  same  table  were  probably 
members  of  the  same  family.  In  Sparta  the 
members  of  a  syssitia  were  formed  into  corre¬ 
sponding  military  divisions,  and  fought  together. 
Savages  and  barbarians,  accustomed  at  all  times 
to  act  in  common,  in  battle  always  range  them¬ 
selves  according  to  families,  clans  and  tribes. 

It  was  of  such  imperative  necessity  that  every 
member  of  the  clan  should  get  his  share  of  the 
aliments,  that  in  the  Greek  language  the  word 
moira,  which  signifies  the  portion  of  a  guest  at 
a  repast,  came  to  signify  Destiny,  the  supreme 
Goddess  to  whom  men  and  gods  are  alike  sub¬ 
mitted  and  who  deals  out  to  everyone  his  portion 
of  existence,  just  as  the  matriarch  of  the  Cretan 
syssitia  apportions  to  each  guest  his  share  of 
food.  It  should  be  remarked  that  in  Greek  my¬ 
thology  Destiny  is  personified  by  women — Moira, 
Aissa,  and  the  Keres — and  that  their  names 
signify  the  portion  to  which  each  person  is  en¬ 
titled  in  the  division  of  victuals  or  spoils. 

When  the  common  dwelling  house,  sheltering 
an  entire  clan,  came  to  be  sub-divided  into  private 
houses,  containing  a  single  family,  the  repasts 
ceased  to  be  held  in  common,  save  on  occasions  of 
religious  and  national  solemnities,  such  as  the 
Greek  syssities,  which  were  celebrated  in  order  to 
preserve  the  memory  of  the  past ;  the  provisions, 
although  individually  possessed  by  each  private 
family,  continue,  practically,  at  the  disposal  of 
the  members  of  the  tribe.  “Every  man,  woman, 
or  child,  in  Indian  communities,”  says  Catlin,  “is 
allowed  to  enter  anyone’s  lodge,  and  even  that  of 


PRIMITIVE  COMMUNISM 


31 


the  chief  of  the  nation,  and  eat  when  they  are 
hungry.  Even  so  can  the  poorest  and  most 
worthless  drone  of  the  nation ;  if  he  is  too  lazy  to 
supply  himself  or  to  hunt,  he  can  walk  into  any 
lodge,  and  everyone  will  share  with  him  as  long 
as  there  is  anything  to  eat.  He,  however,  who 
thus  begs  when  he  is  able  to  hunt,  pays  dear  for 
his  meat,  for  he  is  stigmatized  with  the  disgrace¬ 
ful  epithet  of  poltroon  or  beggar.” 

In  the  Caroline  Isles,  when  an  indigene  sets  out 
on  a  journey,  he  carries  with  him  no  provisions. 
When  he  is  hungry  he  enters  a  lodge  without  any 
kind  of  ceremony,  and  without  waiting  for  per¬ 
mission  he  plunges  his  hand  into  the  tub  contain¬ 
ing  the  popoi  (a  paste  of  the  fruit  of  the  bread 
tree)  and  when  his  hunger  is  satisfied  he  departs 
without  so  much  as  thanking  anybody.  He  has 
(^utexercise3^aTigfiE\ 

"TTieie  communistic  habits,  which  had  once  been 
general,  were  maintained  in  Lacedaemonia  long 
after  the  Spartans  had  issued  out  of  barbarism ; 
private  property  in  objects  of  personal  appropria¬ 
tion  was  extremely  vague  and  precarious.  Plu¬ 
tarch  says  that  Lycurgus,  the  mythical  personage 
to  whom  the  Spartans  refer  all  their  institutions, 
forbade  the  closing  of  the  house  doors  in  order 
that  everybody  might  walk  in  and  help  himself  to 
the  food  and  utensils  he  wanted,  even  in  the  ab¬ 
sence  of  the  owner:  a  citizen  of  Sparta  was  en¬ 
titled,  without  permission,  to  ride  the  horses,  use 
the  dogs,  and  even  dispose  of  the  slaves  of  any 
other  Spartan. 

Very  gradually  did  the  idea  of  private  prop¬ 
erty,  which  is  so  ingrained  in,  and  appears  so 


32 


PRIMITIVE  COMMUNISM 


natural  to,  the  philistine,  dawn  upon  the  human 
mind.  The  earliest  reflections  of  man,  on  the  con¬ 
trary,  led  him  to  think  that  all  things  should  be 
common  to  all.  “The  Indians,”  says  Hecke- 
welder,  “think  that  the  Great  Spirit  has  made 
the  earth,  and  all  that  it  contains,  for  the  common 
good  of  mankind ;  when  he  stocked  the  country 
and  gave  them  plenty  of  game,  it  was  not  for  the 
good  of  a  few,  but  of  all.  Everything  is  given  in 
common  to  the  sons  of  men.  Whatever  liveth  on 
the  land,  whatever  groweth  out  of  the  earth,  and 
all  that  is  in  the  rivers  and  waters,  was  given 
jointly  to  all,  and  every  one  is  entitled  to  his 
share.  Hospitality  with  them  is  not  a  virtue, 

but  a  strict  duty . They  would  lie 

down  on  an  empty  stomach  rather  than  have  it 
laid  to  their  charge  that  they  had  neglected  their 
duty  by  not  satisfying  the  wants  of  the  stranger, 

the  sick,  or  the  needy . because 

they  have  a  common  right  to  be  helped  out  of  the 
common  stock ;  for  if  the  meat  they  have  been 
served  with  was  taken  from  the  wood,  it  was 
common  to  all  before  the  hunter  took  it ;  if  corn 
and  vegetables,  it  had  grown  out  of  the  common 
ground,  yet  not  by  the  power  of  man,  but  by  that 
of  the  Great  Spirit.”* 

Caesar,  who  had  observed  an  analogous  com¬ 
munism  among  the  Germans  who  had  invaded 
Belgium  and  Gaul,  states  that  one  of  the  objects 

•Hobbes,  one  of  the  great  thinkers  of  modern  times,  thought  not 
otherwise.  “Nature  hath  given  to  each  of  us  an  equal  right  to  all 
things,”  says  Hobbes  in  “De  Cive.”  “In  a  state  of  nature  every 
man  has  a  right  to  do  and  to  take  whatsoever  he  pleases :  whence 
the  common  saying  that  Nature  has  given  all  things  to  all  men,  and 
whence  it  follows  that  In  a  state  of  nature  utility  is  the  rule  of 
right.” 


PRIMITIVE  COMMUNISM 


33 


of  their  customs  was  “to  uphold  in  the  people  the 
sense  of  equality,  since  every  man  sees  his  re¬ 
sources  equal  to  those  of  the  most  powerful.” 
And,  in  effect,  this  communism  in  production  and 
consumption  presupposes  a  perfect  equality 
among  all  the  members  of  the  clan  and  tribe  who 
consider  themselves  as  derived  from  a  common 
stock.  But  not  only  did  this  rudimentary  com¬ 
munism  maintain  equality;  it  developed,  also, 
sentiments  of  fraternity  and  liberality  which  put 
to  shame  the  much  vaunted  brotherliness  and 
charity  of  the  Christian,  and  which  have  elicited 
the  admiration  of  the  observers  of  savage  tribes 
before  they  had  been  deteriorated  by  the  Bible 
and  brandy,  the  brutal  mercantilism,  and  pesti¬ 
lential  diseases  of  civilization. 

At  no  subsequent  period  of  human  develop¬ 
ment  has  hospitality  been  practiced  in  so  simple 
and  perfect  a  way.  “If  a  man  entered  an  Iro¬ 
quois  house,”  says  Morgan,  “whether  a  villager, 
a  tribesman,  or  a  stranger,  and  at  whatever  hour 
of  the  day,  it  was  the  duty  of  the  women  of  the 
house  to  set  food  before  him.  An  omission  to  do 
this  would  have  been  a  discourtesy  amounting  to 
an  affront.  If  hungry,  he  eats,  if  not  hungry, 
courtesy  required  he  should  taste  the  food  and 
thank  the  giver.” 

“To  be  narrow-hearted,  especially  to  those  in 
want,  or  to  any  of  their  own  family,  is  accounted 
a  great  crime,  and  to  reflect  scandal  on  the  rest 
of  the  tribe,”  says  another  student  of  the  primitive 
manners  of  the  American  Indians.*  A  guest  was 

•James  Adair.  “History  o f  the  American  Indians.”  London, 
1775. 


34 


PRIMITIVE  COMMUNISM 


held  sacred,  even  though  an  enemy.  Tacitus 
describes  the  same  usages  among  the  barbarian 
Germans  who  invaded  the  Roman  Empire.  “No 
people,”  he  says,  “are  more  addicted  to  social 
entertainments,  or  more  liberal  in  the  exercise  of 
hospitality.  To  refuse  any  person  whatever  ad¬ 
mittance  under  their  roof  is  accounted  flagitious. 
Everyone  according  to  his  ability  feasts  his  guest ; 
when  his  provisions  are  exhausted,  he  who  was 
late  the  host  is  now  the  guide  and  companion  to 
another  hospitable  board.  They  enter  the  next 
house,  and  are  received  with  equal  cordiality. 
No  one  makes  a  distinction  with  respect  to  the 
rights  of  hospitality  between  a  stranger  and  an 
acquaintance.” 

Tacitus  held  up  the  barbarian  Germans  as  an 
example  to  his  civilized  compatriots.  Catlin,  who, 
during  a  period  of  eight  years,  from  1832  to  1839, 
sojourned  amongst  the  wildest  Indian  tribes  of 
North  America,  writes:  “Morality  and  virtue,  I 
venture  to  say,  the  civilized  world  need  not 
undertake  to  teach  them.” 

Travelers,  who  were  not  ferocious  and  rapa¬ 
cious  commercial  travelers  like  Mr.  Stanley,  have 
not  hesitated  to  bear  testimony,  with  Caesar,  to 
the  virtues  of  the  savages,  and  to  attribute  those 
virtues  to  the  communism  in  which  they  lived. 
“The  brotherly  sentiments  of  the  Redskins,”  says 
the  Jesuit  Charlevoix,  “are  doubtless  in  part  as- 
cribable  to  the  fact  that  the  words  mine  and  thine, 
‘those  cold  words/  as  St.  John  Chrysostomos  calls 
them,  are  all  unknown  as  yet  to  the  savages.  The 
protection  they  extend  to  the  orphans,  the  widows 
and  the  infirm,  the  hospitality  which  they  exercise 


PRIMITIVE  COMMUNISM 


35 


in  so  admirable  a  manner,  are,  in  their  eyes,  but 
a  consequence  of  the  conviction  which  they  hold 
that  all  things  should  be  common  to  all  men.”* 
So  writes  the  Jesuit  Charlevoix.  Let  us  hear 
what  his  contemporary  and  critic,  the  free-thinker 
Lahontan,  says  :  “Savages  do  not  distinguish  be¬ 
tween  mine  and  thine,  for  it  may  be  affirmed  that 
what  belongs  to  the  one  belongs  to  the  other.  It 
is  only  among  the  Christian  savages  who  dwell  at 
the  gates  of  our  cities  that  money  is  in  use.  The 
others  will  neither  handle  it  nor  even  look  upon  it. 
They  call  it :  the  serpent  of  the  white  men.  They 
think  it  strange  that  some  should  possess  more 
than  others,  and  that  those  who  have  most  should 
be  more  highly  esteemed  than  those  who  have 
least.  They  neither  quarrel  nor  fight  among 
themselves ;  they  neither  rob  nor  speak  ill  of  one 
another.”t 


II 

So  long  as  the  savage  hordes,  composed  of  30 
or  40  members,  are  nomadic,  they  wander,  on  the 
face  of  the  earth,  and.  fix  wherever  they  find  the 
means  of  sustenance,  it  isTprobablyTinlolIow- 
ing  the  sea-shores  and  the  course  of  the  rivers 
which  supplied  them  with  food  that  the  savages 
peopled  the  continents.  Such  was  the  opinion  of 
Morgan.  The  Bushmen  and  the  Veddahs  of 
Ceylon,  who  live  in  this  state  of  savagery,  do  not 
dream  of  vindicating  the  right  of  property  even 


•Charlevoix.  “Histoire  de  la  Nouvelle  France.” 
t“Voyage  de  Lahontan,”  II. 


36 


PRIMITIVE  COMMUNISM 


in  the  territories  of  the  chase — the  most  archaic 
form  of  landed  property. 

Primitive  man,  who  does  not  till  the  soil,  and 
who  supports  himself  by  hunting  and  fishing,  and 
lives  on  a  diet  of  wild  fruits,  eked  out  by  milk, 
must  have  access  to  vast  territories  for  his  own 
sustenance  and  that  of  his  herds :  it  has  been  com¬ 
puted,  I  know  not  with  what  accuracy,  that  each 
savage,  for  his  subsistence,  requires  three  square 
miles  of  land.  Hence,  when  a  country  begins  to 
be  populous,  it  becomes  necesgaryytoaiyide  the 
Tandamong  the  t  rib  ess 

~~~The  earliest  distribution  of  the_iand  was  into 
pasture  andHerritories  of  chase  common  , to  the 
'  tribe,  for  the  idea  of  individual  ownership  of  the 
lancj  is  of  ulterior  ~and~tardier  growth.  "The 
earth  is  like  fire  arid  water,  that  carifiot  be  sold,” 
say  the  Omahas.  The  Maoris  are  so  far  from 
conceiving  that  the  land  is  vendible,  that,  “al¬ 
though  the  whole  tribe  might  have  consented  to 
a  sale,  they  would  still  claim  with  every  new-born 
child  among  them  an  additional  payment,  on  the 
ground  that  they  had  only  parted  with  their  own 
rights,  and  could  not  sell  those  of  the  unborn. 
The  government  of  New  Zealand  could  settle  the 
difficulty  only  by  buying  land  for  a  tribal  annuity, 
in  which  every  child  that  is  born  acquired  a 
share.”  Among  the  Jews  and  Semitic  peoples 
there  was  no  private  property  in  land.  “The 
land  shall  not  be  sold  for  ever,  for  the  land  is 
mine;  for  ye  are  strangers  and  sojourners  with 
me.”  (Leviticus  xxv.,  23.)  Christians  set  the 
commandment  of  their  God  at  defiance.  Full  of 
reverence  as  they  are  for  Jehovah  and  His  laws, 


PRIMITIVE  COMMUNISM 


37 


still  greater  is  their  veneration  for  almighty 
Capital.  8  J 

Mankind  underwent  a  long  and  painful  process 
of  development  before  arriving  at  private  prop¬ 
erty  in  land. 

Among  the  Fuegians  vast  tracts  of  unoccupied 
land  circumscribe  the  territories  of  chase  belong¬ 
ing  to  the  tribe.  Caesar  relates  that  the  Suevi  and 
Germans  founded  their  pride  upon  having  vast 
solitudes  round  their  frontiers.  ( Dc  Bello  Gallico 
iv.,  3. )  Savage  and  barbarian  peoples  limit  their 
territories^  by  neutraT" zones,  because  an~aTip~n 
TounTupon  thelands  of  any  tribe  is  hunted  like 
a  wildbeast,  and  mutilated  or  put  to  death  if 
takem  AHeckewelder  reports  that  the  Redskins 
cut  off  the  noses  and  ears  of  every  individual 
found  on  their  territory,  and  sent  him  back  to 
inform  his  chief  that  on  the  next  occasion  they 
would  scalp  him.  The  feudal  saying,  Qui  terre  a, 
guerre  a,  held  good  in  primitive  times ;  the  viola¬ 
tions  of  the  territories  of  chase  are  among  the 
chief  causes  of  dispute  and  warfare  between 
neighboring  tribes.  The  unoccupied  areas,  es¬ 
tablished  to  prevent  incursions,  came,  at  a  later 
period,  to  serve  as  market  places  where  the  tribes 
met  to  exchange  their  belongings.  Harold,  in 
1063,  defeated  the  Cambrians,  who  made  per¬ 
petual  inroads  on  the  territories  of  the  Saxons ; 
he  made  a  covenant  with  them  that  every  man  of 
their  nation  found  in  arms  east  of  the  intrench- 
ment  of  Offa  should  have  his  right  hand  cut  off. 
The  Saxons,  on  their  side,  raised  parrallel 
trenches,  and  the  space  enclosed  by  the  two  walls 
became  neutral  ground  for  the  merchants  of  both 
nations. 


38 


PRIMITIVE  COMMUNISM 


Anthropologists  have  noted  with  a  feeling  of 
surprise  that  the  sexes  among  savage  peoples  are 
isolated  and  live  apart;  there  is  reason  for  sup¬ 
posing  that  this  separation  of  the  sexes  was  intro¬ 
duced  when  it  was  sought  to  put  a  stop  to  the 
primitive  promiscuity  and  prevent  the  sexual  in¬ 
tercourse  that  was  the  rule  between  brother  and 
sister.  This  separation  of  the  sexes  within  the 
limits  of  the  tribe,  necessary  in  the  interests  of 
morality,  was  upheld  and  promoted  by  a  differen¬ 
tiation  of  pursuits  and  by  property.  The  man  is 
habitually  charged  with  the  defense  and  the 
procuring  of  food,  while  on  the  woman  devolves 
the  culinary  preparation  of  the  food,  the  fabrica¬ 
tion  of  the  clothes  or  household  utensils,  and  the 
management  of  the  house  once  it  has  sprung  into 
existence.*  It  is,  as  Marx  observes,  the  division 
of  labor  which  begins  and  which  is  based  on  sex : 
property,  in  its  origin,  was  confined  to  a  single 
sex. 

The  man  is__a_hunter  ajicL  a  warrior :  he  pos¬ 
sesses  the  horses  and  arms ;  to  the  woman  belong 
the  household  utensils  and  other  objects  appro¬ 
priate  to  her  pursuits ;  these  belongings  she  is 
obliged  to  transport  on  her  head  or  back,  in  the 
same  way  that  she  carries  her  child,  which  belongs 
to  her  and  not  to  the  father,  generally  unknown. 

The  introduction  of  agriculture  enhanced  the 
separation  of  the  sexes,  while  it  was  the  determin¬ 
ant  cause  of  the  parcelling  of  the  lands,  the  com¬ 
mon  property  of  the  tribe.  The  man  continues  a 
warrior  and  a  hunter ;  he  resigns  to  his  wife  the 


*“A  man,”  said  a  Kuraai  to  Fison,  “hunts,  fishes,  fights,  and 
sits  down,”  meaning  that  all  besides  is  the  business  of  the  woman. 


PRIMITIVE  COMMUNISM 


39 


labor  of  the  fields  consenting,  on  occasion,  to  as¬ 
sist  at  harvest  time;  among  pastoral  peoples  he 
reserves  to  himself  the  care  of  the  flocks  and 
herds, .  which  comes  to  be  looked  on  as  a  nobler 
pursuit  than  agriculture;  it  is,  in  truth,  the  less 
arduous  of  the  two.  The  Kaffirs  consider  the 
tending  of  the  herds  as  an  aristocratic  occupa¬ 
tion;  they  call  the  cow  the  black  pearl.  The 
earliest  laws  of  the  Aryans  forbade  agriculture, 
thought  degrading,  to  the  two  highest  classes,  the 
Brahmins  and  the  Kshattryas,  or  warriors.  “For 
a  Brahmin  and  a  Kshattryas  agriculture  is  blamed 
rtuousTas ‘tlTe^plougtl  with  the  iron  point 
in j ureslhe  eartli  AndThe  beiilgs  ifrTt.'’^  ^ - 

ATTheTfslT  oT  a  "thing  consTiTufeT  f  he  sole  con¬ 
dition  of  its  ownership,  landed  property,  on  its  t- 
first  establishment  among  primitive  nations,  was  ^ 
allotted  to  the  women.  In  all  societies  in  which 
the  matriarchal  form  of  the  family  has  maintained 
itself,  we  find  landed  property  held  by  the  woman  ; 
such  was  the  case  among  the  Egyptians,  the 
Nairs,  the  Touaregs  of  the  African  desert,  and 
the  Basques  of  the  Pyrenees ;  in  the  time  of  Ar¬ 
istotle  two-thirds  of  the  territory  of  Sparta  be¬ 
longed  to  the  women. 

Landed  property,  which  was  ultimately  to  con¬ 
stitute  for  its  owner  a  means  of  emancipation  and  ^ 
of  social  supremacy,  was,  at  its  origin,  a  cause  of 
subjection;  the  women  were  condemned  to  the 
rude  labor  of  the  fields,  from  which  they  were 
emancipated  only  by  the  introduction  of  servile 
labor. 


•Laws  of  Manu.  Cap.  x. 


40 


PRIMITIVE  COMMUNISM 


Agriculture,  which  led  to  private  property  in 
land,  introduced  the  servile  labor,  which  in  the 
course  of  centuries  has  borne  the  names  of  slave- 
labor,  bond-labor,  and  wage-labor. 

Ill 

So  long  as  primitive  communism  subsists,  the 
tribal  lands  are  cultivated  in  common.  “In  cer¬ 
tain  parts  of  India,”  says  Nearchus,  one  of  Alex¬ 
ander’s  generals,  and  eye-witness  of  events  that 
took  place  in  the  4th  century,  b.  c.,  “the  lands 
were  cultivated  in  common  by  tribes  or  groups 
of  relatives,  who  at  the  end  of  the  year  shared 
among  themselves  the  fruits  and  crops.”* 

Stephen  cites  a  settlement  of  Maya  Indians 
composed  of  100  laborers,  “in  which  the  lands  are 
held  and  wrought  in  common  and  products  shared 
by  all  ”t 

From  Tao,  an  Indian  village  of  New  Mexico, 
Mr.  Miller,  in  Dec.  1877,  wrote  to  Morgan : 
“There  is  a  cornfield  at  each  pueblo,  cultivated  by 
all  in  common,  and  when  the  grain  is  scarce  the 
poor  take  from  this  store  after  it  is  housed,  and 
it  is  in  the  charge  and  at  the  disposal  of  the 
Cacique,  called  the  Governor.”  In  Peru,  prior  to 
the  Spanish  Conquest,  agricultural  labor  pos¬ 
sessed  the  attraction  of  a  feast.  At  break  of  day, 
from  an  eminence,  or  a  tower,  the  whole  of  the 
population  was  convoked — men,  women,  and 
children,  who  all  assembled  in  holiday  attire  and 
adorned  with  their  most  precious  ornaments.  The 


•Nearchus  apud  Strabo,  lib  xv. 

t  Stephen.  * ‘Incidents  of  a  trayel  in  Yucatan,*  ‘  II. 


PRIMITIVE  COMMUNISM 


41 


crowd  set  to  work,  and  sang  in  chorus  hymns 
celebrating  the  prowess  of  the  Incas.  The  work 
was  accomplished  with  the  utmost  spirit  and  en¬ 
thusiasm.*  Caesar  relates  that  the  Suevi,  the 
most  warlike  and  most  powerful  of  the  Germanic 
tribes,  annually  sent  forth  to  combat  a  hundred 
men  from  a  hundred  cantons.  The  men  that 
stayed  at  home  were  bound  to  maintain  the  men 
engaged  in  the  expedition ;  the  following  year  jt 
was  the  combatants  who  remained  at  home  and 
the  others  who  took  up  arms ;  in  this  way,  he 
adds,  the  fields  were  always  cultivated  and  the 
men  practiced  in  war.  ( De  Bello  Gallico,  IV.  1.) 

The  Scandinavians  who  ravaged  Europe  had 
similar  communistic  practices,  combined  with 
warlike  expeditions  ;  the  latter  over,  they  returned 
home  to  assist  their  wives  in  gathering  in  the 
harvest.  This  cultivation  in  common  long  sur¬ 
vived  the  status  of  primitive  communism.  In  the 
Russian  villages  which  are  under  the  regime  of 
collective  or  consanguine  property,  a  certain 
tract  of  land  is  often  cultivated  in  common  and  is 
called  mirskia  zapaschki  (fields  tilled  by  the  mir)  ; 
the  produce  of  the  harvest  is  distributed  among 
the  families  of  the  village.  In  other  places  the 
arable  lands  are  tilled  jointly,  and  are  afterwards 
allotted  to  the  families.  In  several  communities 
of  the  Don  the  meadows  elsewhere  portioned  out 
remain  undivided,  the  mowing  is  performed  in 
common,  and  it  is  only  after  the  hay  is  made  that 
the  partition  takes  place.  Forests,  also,  are 
cleared  in  common.  The  co-operative  plowing 


•W.  Prescott.  “Conquest  of  Peru.” 


42 


PRIMITIVE  COMMUNISM 


and  digging  practiced  in  the  village  communi¬ 
ties  ought  probably  to  be  referred  to  the  period 
of  communist  agriculture.  In  Fiji,  when  pre¬ 
paring  a  piece  of  ground,  a  number  of  men  are 
employed,  divided  into  groups  of  three  or  four. 
Each  man  being  furnished  with  a  digging  stick, 
they  drive  them  into  the  ground  so  as  to  enclose 
a  circle  of  about  two  feet  in  diameter.  When 
by  repeated  strokes  the  sticks  reach  the  depth  of 
18  inches,  they  are  used  as  levers,  and  the  mass 
of  soil  between  them  is  then  loosened  and  raised. 
Mr.  Gomme  cites,  after  Ure,  an  analogous  prac¬ 
tice  of  the  Scotch  highlanders. 

Caesar  shows  us  how  the  Germans  set  out  an¬ 
nually  on  predatory  expeditions ;  the  booty  was, 
probably,  divided  among  all  the  warriors,  includ¬ 
ing  those  who  had  remained  at  home  to  perform 
the  agricultural  labor  of  the  community.  The 
Greeks  of  prehistoric  times,  also,  were  audacious 
pirates,  who  scoured  the  Mediterranean  and  fled 
with  their  booty  to  their  citadels,  perched  on  the 
tops  of  promontories  like  eagles’  nests,  and  as 
inexpugnable  as  the  round  towers  of  the  Scan¬ 
dinavians,  built  in  the  midst  of  the  waters.  A 
precious  fragment  of  a  Greek  song,  the  Skolion 
of  Hybrias,  presents  us  with  a  picture  of  the 
heroic  lives  of  the  Greeks.  The  hero  says: — “I 
have  for  riches  a  great  lance,  and  my  sword,  and 
my  buckler,  the  rampart  of  my  body ;  with  these 
I  till  the  ground  and  reap  the  harvest  and  vin¬ 
tage  the  sweet  juice  of  the  grape;  thanks  to 
these  I  am  styled  the  master  of  the  mnoia  (the 
slaves  of  the  community).  Let  those  who  dare 
not  bear  the  lance  and  the  buckler  kneel  to  me 


PRIMITIVE  COMMUNISM 


43 


as  to  a  master  and  call  me  the  great  king.” 
Piracy  is  the  favorite  pursuit  of  prehistoric 
times.  Nestor  inquires  of  Telemachus,  his  guest, 
if. he  is  a  pirate  (Odyssey  III).  Solon  main¬ 
tained  a  college  of  pirates  at  Athens  (Institutes 
of  Gaius),  and  Thucydides  states  that  in  ancient 
times  piracy  was  honorable  (I.,  sec.  5). 

Wherever  the  heroes  landed,  they  carried  off 
men,  women,  cattle,  crops,  and  movables ;  the 
men  became  slaves  and  common  property ;  they 
were  placed  under  the  supervision  of  the  women, 
and  cultivated  the  lands  for  the  warriors  of  the 
clan.  All  of  the  cities  of  Crete,  one  of  the  first 
islands  colonized  by  these  bold  pirates,  possessed, 
down  to  the  time  of  Aristotle,  troops  of  slaves, 
called  mnotie,  who  cultivated  the  public  do¬ 
mains.  The  Greek  cities  maintained,  besides  a 
public  domain,  public  slaves,  and  upheld  common 
repasts  similar  to  those  described  by  Heraclides.* 

Mr.  Hodgson,  in  1830,  described  a  village, 
thirty  miles  northwest  of  Madras,  the  inhabitants 
of  which  were  assisted  in  their  agricultural  op¬ 
erations  by  slaves  who  were  common  property ; 
for  they  were  transferred  with  the  other  priv¬ 
ileges  of  the  village  occupants  when  those  priv¬ 
ileges  were  sold  or  mortgaged.  The  mediaeval 
towns  and  even  villages  had  serfs  in  common. t 
/  Thus  we  see  that  everywhere  property  in  land 
and  its  produce,  in  domestic  animals,  serfs  and 

•The  Greek  slaves  were  divided  into  two  classes,  the  pnblic 
slaves  ( Koine  douleia)  belonging  to  the  state,  and  the  slaves  be¬ 
longing  to  private  individuals,  called  Klerotes,  1.  e.,  adjudged  by  lot. 
Athens  possessed  a  number  of  public  slaves,  who  did  not  cultivate 
the  soil,  but  discharged  the  functions  of  executioner,  police  agents, 
and  Inferior  employes  of  the  administration. 

■(•Transactions  of  the  Royal  Asiatic  Society,  1830,  vol.  11. 


44 


PRIMITIVE  COMMUNISM 


slaves,  was  primarily  property  common  to  all  the 
members  of  the  clan.  Communism  was  the  cradle 
of  humanity;  the  work  of  civilization  has  been 
to  destroy  this  primitive  communism,  of  which 
the  last  vestiges  that  remain,  in  defiance  of  the 
rapacity  of  the  aristocrat  and  the  bourgeois,  are 
the  communal  lands.  But  the  work  of  civiliza¬ 
tion  is  twofold :  while  on  the  one  hand  it  destroys, 
on  the  other  hand  it  reconstructs ;  while  it  broke 
into  pieces  the  communist  mould  of  primitive 
humanity,  it  was  building  up  the  elements  of  a 
higher  and  more  complex  form  of  communism. 
I  am  here  concerned  to  trace  out  civilization  in 
its  double  movement  of  destruction  and  recon¬ 
struction. 


CHAPTER  III 


FAMILY  OR  CONSANGUINE  COLLECTIVISM 

I 

The  common  tribal  property  began  to  break 
up  as  the  family  was  being  constituted.  A  few 
remarks  respecting  the  family  will  render  an  ex¬ 
position  of  the  evolution  of  property  more  in¬ 
telligible  to  the  reader. 

We  are  at  present  aware  that  the  human 
species,  before  arriving  at  the  patriarchal  form 
of  the  family,  in  which  the  father  is  the  head, 
possesses  the  estates  and  transmits  his  name  to 
all  his  children,  passed  through  the  matriarchal 
form,  in  which  the  mother  occupied  that  high_po- 
sjtion._  We  have  seen,  above,  the  whole  clan  liv¬ 
ing  in  great  joint  tenement  houses,  containing  a 
certain  number  of  rooms  for  the  married  women. 
The  private  family  is  then  nascent ;  when  we  find 
it  constituted  in  the  matriarchal  or  patriarchal 
form,  a  segmentation  has  ensued  of  the  commu¬ 
nal  house  into  as  many  private  houses  as  there 
are  households.  In  the  matriarchal  family  the 
mother  lives  with  her  children  and  her  younger 
brothers  and  sisters ;  receiving  her  husbands, 
who  belong  to  a  different  clan,  each  in  his  turn ; 
it  is  then  that  family  property  makes  it  appear¬ 
ance. 

Its  beginnings  were  modest,  for,  at  the  outset, 

45 


46  FAMILY  OR  CONSANGUINE  COLLECTIVISM 

it  consisted  but  of  the  cabin  and  the  small  garden 
surrounding  it.  Among  certain  people  the  patri¬ 
archal  family  may  have  been  constituted  and  have 
superseded  the  matriarchal  family  prior  to  the 
constitution  of  family  property,  but  the  case 
is  not  universal ;  on  the  contrary  it  would  seem 
that  the  revolution  in  the  family  was  posterior  to 
the  formation  of  family  property.  Such  was  the 
case  with  the  Egyptians,  Greeks,  and  many  other 
peoples  the  course  of  whose  development  was  a 
normal  one,  undisturbed  by  the  invasion  of  na¬ 
tions  on  a  higher  plane  of  civilization. 

So  long  as  the  matriarchal  form  subsists,  the 
movables  and  immovables  are  transmitted  by  the 
women ;  a  person  inherits  from  his  mother  and 
not  from  his  father,  or  the  relations  of  his  father. 
In  Java,  where  this  form  of  the  family  reached 
a  high  pitch  of  development,  a  man’s  property 
reverts  to  his  mother’s  family;  he  is  not  at  lib¬ 
erty  to  make  a  donation  to  his  children,  who  be¬ 
long  to  the  clan  of  his  wife,  without  the  consent 
and  concurrence  of  his  brothers  and  sisters.  If 
we  judge  from  what  we  know  of  the  Egyptians 
and  other  peoples,  the  male  occupied  a  very  sub¬ 
ordinate  position  in  the  matriarchate.  Among 
the  Basques,  who  have  preserved  their  primitive 
customs,  notwithstanding  Christianity  and  civ¬ 
ilization,  when  the  eldest  daughter,  on  her 
mother’s  death,  becomes  an  heiress,  she  becomes 
at  the  same  time  the  mistress  of  her  younger 
brothers  and  sisters.  The  male  is  under  the  tute¬ 
lage  of  his  own  family,  and  when  he  “goes  out” 
to  get  married,  with  his  sister’s  approbation,  he 
falls  under  the  dominion  of  his  wife;  he  is  sub- 


FAMILY  OR  CONSANGUINE  COLLECTIVISM  47 

jected  throughout  life  to  female  authority,  as 
son,  brother  and  husband ;  he  possesses  nothing 
save  the  small  peculium  which  his  sister  gives 
him  on  his  marriage.  “The  husband,”  says  a 
Basque  proverb,  “is  his  wife’s  head  servant.” 

This  elevated  position  of  the  woman  affords  a 
proof,  let  me  observe  in  passing,  that  the  physical 
and  intellectual  superiority  of  the  male,  far  from 
being  a  primordial  physiological  necessity,  is  but 
the  consequence  of  an  economical  situation,  per¬ 
petuated  during  centuries,  which  allowed  the 
male  a  freer  and  fuller  development  than  it  per¬ 
mitted  to  the  female,  held  in  bondage  by  the 
family.  Broca,  in  the  course  of  his  discussion 
with  Gratiolet  on  the  relation  of  the  brain  weight 
and  cranial,  capacity  to  the,  intelligence,  conceded 
that  the  inferiority^  of..  the-4emal£_jiiight  Jbe_due 
merely  to  an  inferior  education.  M.  Manouvrier, 
a  cfiscipTeof  Broca^and  Professor  at  the  Paris 
School  of  Anthropology,  has  demonstrated  that 
the  cranial  capacities  of  the  males  of  the  Stone 
Age,  which  he  had  measured,  were  nearly  as 
great  as  the  average  cranial  capacities  of  the 
modern  Parisians,  whereas  the  cranial  capacities 
of  the  females  of  the  Stone  Age  were  consider¬ 
ably  greater  than  those  of  the  modern  female 
Parisians.* 

Most  disastrous  has  been  the  effect  on  the 
human  species  of  this  female  inferiority;  it  has 

•The  following  are  M.  Manouvrler’s  figures : 

Average  cranial  capacity  of  modern  Parisians. 

Number  of  skulls  Capacity  in  cubic 

measured.  centimeters. 

77  male.  1560. 

41  female.  1338. 


48  FAMILY  OR  CONSANGUINE  COLLECTIVISM 


been  one  of  the  most  active  causes  of  the  de¬ 
generation  of  civilized  nations. 

Without  going  to  the  length  of  pretending 
that  in  all  countries  the  ascendancy  of  the  female 
assumed  the  proportions  which  it  attained  in 
Egypt,  it  is  an  indubitable  fact  that  wheresoever 
we  meet  with  the  matriarchal  family  we  can  note 
a  dependency  of  the  men  upon  the  women,  coin¬ 
ciding,  frequently,  with  a  degree  of  animosity 
between  the  sexes,  divided  into  two  classes. 
Among  the  Natchez  and  among  all  the  nations 
of  the  valley  of  the  Mississippi,  the  term  zvoman, 
applied  to  a  man,  was  an  affront.  Herodotus 
relates  that  Sesostris,  in  order  to  perpetuate  the 
memory  of  his  glorious  achievements,  erected 
obelisks  among  the  conquered  nations,  and  that 
to  mark  his  contempt  for  those  who  had  offered 
him  no  resistance  he  caused  the  female  sexual 
organ  to  be  engraved  thereon,  as  emblematic  of 
their  cowardice.  To  apply  to  a  Homeric  Greek 
the  epithet  zvoman  was  a  grave  insult.  On  the 
other  hand,  the  warlike  women  of  the  tribes  of 
Dahomey  employ  the  word  man  by  way  of  an 
injurious  epithet.  Unquestionably  it  was  the 
desire  to  shake  off  this  feminine  ascendancy  and 
to  satisfy  this  feeling  of  animosity  which  led  man 
to  wrest  from  woman  the  control  of  the  family. 

Average  cranial  capacity  of  men  and  women  of  the  Stone  Age. 

Number  of  skulls 

measured.  Capacity. 

58  male.  1544. 

30  female.  1422. 

Thus  the  average  cranial  capacity  of  the  male  savage  is  Inferior 
by  26  cubic  centimeters,  whereas  the  average  cranial  capacity  of 
the  female  savage  is  superior  by  84  c.c. — -L.  Manouvrier.  “De  la 
quantity’  de  1’encephale.” — Memoire  de  la  SocigtS  d' Anthropologic 
de  Paris,  III.  2nd  fascicule,  1885. 


FAMILY  OR  CONSANGUINE  COLLECTIVISM  49 

Presumptively  this  family  revolution  was  ac¬ 
complished  when  the  movable  goods  of  individ¬ 
ual  property  had  multiplied;  and  when  the  fam¬ 
ily  estate  was  constituted,  and  had  been 
consecrated  by  time  and  custom ;  it  was  worth 
the  men’s  while,  for  the  nonce,  to  dethrone  the 
women.  There  took  place  a  positive  disposses¬ 
sion  of  the  women  by  the  men,  accomplished  with 
more  or  less  brutality,  according  to  the  nations ; 
while  in  Lacedsemonia  the  women  conserved  a 
measure  of  their  former  independence  (a  fact 
which  caused  Aristotle  to  say  that  it  was  among 
the  most  warlike  peoples  that  the  women  exer¬ 
cised  their  greatest  authority),  at  Athens,  and 
in  the  maritime  cities  engaged  in  commerce,  they 
were  forcibly  expropriated  and  despoiled.  This 
dispossession  gave  rise  to  heroic  combats ;  the 
women  took  up  arms  in  defence  of  their  priv¬ 
ileges,  and  fought  with  such  desperate  energy 
that  the  whole  of  Greek  mythology  and  even 
recorded  history  have  preserved  the  memory  of 
their  struggles. 

So  long  as  property  was  a  cause  of  subjection, 
it  was  abandoned  to  the  women ;  but  no  sooner 
had  it  become  a  means  of  emancipation  and  su¬ 
premacy  in  the  family  and  society  than  man 
tore  it  from  her. 

Without  entering  more  specially  into  the  his¬ 
tory  of  its  evolution,  I  would  lay  stress  upon 
this  point,  to-wit,  that  the  family,  wherever  or 
however  constituted,  whether  affecting  the  matri¬ 
archal  or  patriarchal  form,  invariably  breaks  up 
the  communism  of  the  clan  or  tribe.  At  first 
the  clan  was  the  common  family  of  all  its  mem- 


50  FAMILY  OR  CONSANGUINE  COLLECTIVISM 

bers ;  afterwards  there  came  to  exist  private 
families,  having  interests  distinct  from  those  of 
the  clan  considered  as  an  aggregate  of  a  number 
of  families;  the  communal  territory  of  the  tribe 
was  then  parcelled  out  so  as  to  form  the  collective 
property *  of  each  family. 

The  existent  European  family  must  not  be  con¬ 
sidered  as  the  type  of  the  family  founded  on 
collective  property.  The  family  was  not  reduced 
to  its  last  and  simplest  expression,  as  it  is  in  our 
day,  when  it  is  composed  of  the  three  indispen¬ 
sable  elements :  the  father,  the  mother,  and  the 
children ;  it  consisted  of  the  father,  the  recog¬ 
nized  head  of  the  family  collectivity ;  of  his  legiti¬ 
mate  wife  and  his  concubines,  living  under  the 
same  roof ;  of  his  children,  his  younger  brothers, 
with  their  wives  and  children,  and  his  unmar¬ 
ried  sisters :  such  a  family  comprised  many  mem¬ 
bers. 


n 

The  arable  lands,  hitherto  cultivated  in  com¬ 
mon  by  the  entire  clan,  are  divided  into  parcels 
of  different  categories,  accordtng^ to  the  qualify 
of^  the  soil';  the  parcels  are  formed  into  lots,  in 
such  wiseThat  each  lot  contains  an  equal  propor¬ 
tion  of  the  different  descriptions  of  soil ;  the 
number  of  lots  corresponds  to  that  of  the  fami- 

•This  form  of  property,  under  another  name  than  that  of  col- 
lective  property,  which  term  I  employ  in  contradistinction  to  the 
primitive  communist  form,  has  of  recent  years  been  the  subject  of 
extensive  research.  It  has  been  investigated  in  Germany  by 
Haxthausen,  Maurer,  Engels,  etc.  ;  in  England  by  Maine,  Seebohm, 
Gomme,  etc.  ;  in  Belgium  by  Laveleye ;  in  Russia  by  Schepotief , 
Kovalesky,  etc. 


FAMILY  OR  CONSANGUINE  COLLECTIVISM  51 

lies.  A  portion  of  the  land  is  reserved  in  view 
of  a  possible  increase  of  the  population ;  it  is  let 
on  lease  or  cultivated  in  common.  To  preclude 
injustice  or  grounds  for  complaint  the  shares 
were  drawn  by  lot  ;*  hence,  in  Greek  and  Latin, 
the  words  which  designate  lot  (sors,  cleros)  sig¬ 
nify  also  goods  and  patrimony. 

If,  when  a  family  had  complained  of  unfair¬ 
ness,  they  proved,  on  inquiry,  that  their  complaint 
was  justified,  satisfaction  was  granted  them  by 
an  additional  allotment  out  of  the  reserve  lands. 
The  inquirers  who  have  had  opportunities  of 
observing  the  way  in  which  these  partitions  of 
the  land  are  practiced,  have  been  struck  by  the 
spirit  of  equality  which  presides  over  them,  and 
by  the  ability  o  f  the  peasant  land  surveyors. 
Haxthausen  relates  how  “Count  de  Kinsleff,  the 
minister  of  the  imperial  domains,  had  in  several 
localities  of  the  government  of  Woronieje  caused 
the  land  to  be  valued  and  surveyed  by  land  taxers 
and  land  surveyors.  The  results  went  to  show 
that  the  measurements  of  the  peasants  were  in 
all  respects,  save  for  a  few  minor  discrepancies, 
in  perfect  consonance  with  the  truth.  Besides, 
who  knows  which  of  the  two  were  the  more 
accurate?”! 

The  pasture  lands,  forests,  lakes,  and  ponds,  the 
right  of  hunting  and  fishing,  and  other  rights, 


•Dividing  the  land  by  lot  has  been  everywhere  the  primitive 
mode  of  distribution.  “The  Lord  commanded  the  children  of  Israel, 
entering  the  Land  of  Canaan,  to  divide  the  land  by  lot.”  (Numbers 
xxxlii.,  54;  xxxvi.,  2.) 

f  “Etudes  sur  la  situation  intgrieure,  la  vie  nationale  et  les  insti¬ 
tutions  de  la  Kussie,”  par  le  Baron  A.  de  Haxthausen.  French  edi¬ 
tion  of  1847. 


52  FAMILY  OR  CONSANGUINE  COLLECTIVISM 

such  as  the  imposts  raised  on  the  caravans,  etc., 
are  the  joint  property  of  all  the  members  of  the 
clan. 

The  allotments  are  cultivated  by  each  family 
under  the  direction  of  its  chief  and  the  super¬ 
vision  of  the  village  council ;  the  crops  are  the 
property  of  the  family  collectively,  instead  of  be¬ 
longing,  as  at  an  earlier  period,  to  the  tribe  or 
clan.  A  family  is  not  allowed  to  cultivate  their 
lot  at  pleasure,  says  Marshall.  “They  must  sow 
their  fields  with  the  same  grain  as  that  of  the 
other  families  of  the  community.”* 

The  system  of  cultivation  is  a  triennial  rota¬ 
tion:  (1)  corn  or  rye,  (2)  springs  crops  (barley, 
oats,  beans,  peas,  etc.),  (3)  fallow.  Not  only 
the  kind  of  seed  to  sow,  but  also  the  seed  and 
harvest  times,  are  prescribed  by  the  communal 
council.  Sir  G.  Campbell  informs  us  that  every 
Indian  village  possesses  its  calendar — Brahmin, 
or  astrologist,  whose  buisness  it  is  to  indicate 
the  propitious  seasons  for  seed  time  and  harvest. 
Haxthausen,  an  intelligent  and  impartial  observer 
of  the  manners  of  the  collectivist  communes  of 
Russia,  remarks  that  “the  most  perfect  order, 
resembling  a  military  discipline,  presides  over 
the  labors  of  the  fields.  On  the  same  day,  at  the 
same  hour,  the  peasants  repair  to  the  fields,  some 
to  plough,  others  to  harrow,  the  ground,  etc., 
and  they  all  return  in  company.  This  orderliness 
is  not  commanded  by  the  Starosta,  the  village 
ancient ;  it  is  simply  the  result  of  that  gregarious 
disposition  which  distinguishes  the  Russian  peo- 

•Marshall.  “Elementary  and  Practical  Treatise  on  Landed  Prop¬ 
arty.”  London,  1804. 


FAMILY  OR  CONSANGUINE  COLLECTIVISM  53 

pie,  and  that  love  of  union  and  order  which  ani¬ 
mates  the  commune.”  These  characteristics, 
which  Haxthausen  considers  as  peculiar  to  the 
Russian  people,  are  but  an  outgrowth  of  the  col¬ 
lective  form  of  property,  and  have  been  observed 
in  all  parts  of  the  world.  We  have  seen  that,  to 
determine  the  seed  time,  the  Indians  did  not  obey 
human  orders,  but  celestial  considerations  sug¬ 
gested  by  the  astrologer.  Maine,  who  in  his 
quality  of  jurisconsult  of  the  Anglo-Indian  gov¬ 
ernment,  was  in  a  position  to  closely  study  the 
village  communities,  writes  : — 

“The  council  of  the  village  elders  does  not 
command  anything,  it  merely  declares  what  has 
always  been.  Nor  does  it  generally  declare  that 
which  it  believes  some  higher  power  to  have 
commanded ;  those  most  entitled  to  speak  on  the 
subject  deny  that  the  natives  of  India  necessarily 
require  Divine  or  political  authority  as  the  basis 
of  their  usages ;  their  antiquity  is  by  itself  as¬ 
sumed  to  be  a  sufficient  reason  for  obeying  them. 
Nor,  in  the  sense  of  the  analytical  jurists,  is  there 
right  or  duty  in  an  Indian  village  community; 
a  person  aggrieved  complains  not  of  an  individ¬ 
ual  wrong  but  of  the  disturbance  of  the  order 
of  the  entire  little  society.”* 

The  discipline  referred  to  by  Haxthausen  is  a 
natural  and  spontaneous  product,  unlike  the 
movements  of  an  army  or  the  maneuvers  of  the 
laborers  on  the  bonanza  farms  of  North  Ameri¬ 
ca,  which  are  produced  to  order.  A  Swiss  cler¬ 
gyman,  who  wrote  in  the  last  century,  teaches 

*H.  S.  Maine.  “Village  Communities  in  the  Bast  and  West,” 

p.  68.  ' 


54  FAMILY  OR  CONSANGUINE  COLLECTIVISM 

us  that  in  the  canton  of  Berne  there  existed 
the  same  orderliness  and  ardor  in  work  ob¬ 
served  in  Russia.  “On  an  appointed  evening,” 
he  says,  “the  entire  commune  repairs  to  the 
communal  meadows,  every  commoner  choosing 
his  own  ground,  and  when  the  signal  is  given 
at  midnight,  from  the  top  of  the  hill  downwards, 
every  man  mows  down  the  grass  which  stands 
before  him  in  a  straight  line,  and  all  that  which 
he  has  cut  till  noon  of  the  next  day  belongs  to 
him.  The  grass  which  remains  standing  after 
the  operation  is  trodden  down  and  browsed  by 
the  cattle  which  are  turned  on  to  it.”* 

The  crops  once  got  in,  the  lands  allotted  to  the 
different  families  become  common  property 
again,  and  the  villagers  are  free  to  send  their 
cattle  to  depasture  them. 

Originally,  the  fathers  of  the  families  belong¬ 
ing  to  the  clan,  were  alone  entitled  to  a  share  in 
these  allotments.  It  is  only  at  a  later  period  that 
the  stranger  settlers,  having  obtained  the  free¬ 
dom  of  the  city  after  a  term  of  residence,  were 
admitted  to  the  partition  of  the  land.  Landed 
property  belonged  to  the  fathers,  whence  patria, 
fatherland ;  in  the  Scandinavian  laws,  house  and 
fatherland  were  synonyms.  At  that  time  a  man 
possessed  a  patria  and  political  rights  only  if 
he  had  a  right  to  a  .share  in  the  land.  As  a  con¬ 
sequence,  the  fathers  and  males  of  the  family 
alone  were  charged  with  the  country’s  defense ; 
they  alone  were  privileged  to  bear  arms.  The 

*“Essai  sur  l’abolitlon  du  parcours  et  sur  le  partage  des  Mens 
eommunaux,”  par  Sprungli  de  Neuenegg ;  public  par  la  SocietS 
D’Economie  rurale  de  Berne  (1763),  cite  par  Neufcbateau,  dans  son 
Voyage  agronomique  dans  la  Senatorerie  de  Dijon,  1806. 


FAMILY  OR  CONSANGUINE  COLLECTIVISM  55 

progress  of  capitalism  consists  in  confiding  the 
defense  of  the  country  to  those  who  do  not  pos¬ 
sess  an  inch  of  land — who  have  no  stake  in  the 
country — and  to  accord  political  rights  to  men 
who  have  no  property. 

Private  property  in  land  does  not  as  yet  ob¬ 
tain,  because  the  land  belongs  to  the  entire  vil¬ 
lage,  and  only  the  temporary  usage  of  it  is 
granted,  on  condition  that  it  shall  be  cultivated 
according  to  the  established  customs,  and  under 
the  supervision  of  the  village  elders  charged  with 
watching  over  the  maintenance  of  those  customs. 
The  house  alone,  with  its  small  enclosure,  is  the 
private  property  of  the  family ;  among  some  peo¬ 
ples,  e.  g.,  the  Neo-Caledonians,  the  tenement 
was  burnt  on  the  death  of  the  chief  of  the  fam¬ 
ily,  as  well  as  his  arms,  his  favorite  animals,  and, 
occasionally,  his  slaves.  According  to  all  appear¬ 
ance,  the  house  for  a  long  time  was  distinguished 
from  the  land,  as  a  movable ;  it  is  so  qualified  in 
many  customaries  of  France ;  in  that  of  Lille, 
among  others. 

The  house  is  inviolable ;  nobody  has  a  right  to 
enter  it  without  the  master’s  consent.  The  jus¬ 
tice  of  the  country  was  suspended  at  the  thresh¬ 
old  ;  if  a  criminal  had  penetrated  into  the 
house,  nay,  if  he  had  but  touched  the  door-latch, 
he  was  secure  from  public  prosecution  and 
amenable  only  to  the  authority  of  the  father  of 
the  family,  who  exercised  the  legislative  and 
executive  power  within  the  precincts  of  the 
house.  In  186  b.  c.,  the  Roman  Senate  having 
condemned  to  death  some  Roman  ladies,  whose 
orgies  compromised  public  morals,  was  forced 


56  FAMILY  OR  CONSANGUINE  COLLECTIVISM 

to  remit  the  execution  of  the  sentence  to  the 
heads  of  the  families ;  for  the  women,  as  con¬ 
stituting  a  part  of  the  household,  were  answer- 
able  only  to  the  master  of  it.  To  such  extremes 
was  this  inviolability  pushed  in  Rome  that  a 
father  could  not  invoke  the  assistance  of  the 
magistrates  or  public  force  in  case  of  his  son’s 
resistance.  In  the  Middle  Ages  this  sanctity  of 
the  domicile  still  existed ;  at  Mulhouse,  for  ex¬ 
ample,  a  burgher  shut  up  in  his  house  ceased  to 
be  amenable  to  the  justice  of  the  town ;  the  court 
was  bound  to  transport  itself  to  his  house  door 
in  order  to  judge  him,  and  it  was  open  to  him 
to  reply  to  the  questions  put  to  him  from  the 
window.  The  right  of  asylum  possessed  by  the 
Church  was  merely  a  transformation  of  this 
sanctity  of  the  house ;  as  we  shall  see  hereafter, 
the  Church  was  but  a  sort  of  communal  house. 

The  habitations  are  not  contiguous,  but  sur¬ 
rounded  by  a  strip  of  territory.  Tacitus,  and 
numerous  writers  after  him,  have  assumed  that 
this  insulation  of  the  houses  was  prescribed  as 
a  measure  of  precaution  against  fire,  so  danger¬ 
ous  in  villages  in  which  the  houses  are  built  of 
wood  and  thatched  with  straw.  I  am  of  belief 
that  the  reason  for  this  very  prevalent  custom 
should  be  looked  for  elsewhere.  It  has  been 
shown  that  the  tribal  territories  were  surrounded 
by  a  strip  of  uncultivated  land,  which  served  to 
mark  the  boundaries  of  other  neighboring  tribes  ; 
in  like  manner  the  family  dwelling  is  surrounded 
by  a  piece  of  unoccupied  land  in  order  to  render 
it  independent  of  the  adjacent  dwelling  houses; 
this  was  the  sole  land  which,  subsequently,  it  was 


FAMILY  OR  CONSANGUINE  COLLECTIVISM  57 

permitted  to  enclose  with  palisades,  walls,  or 
hedges.  In  the  barbarian  codes  it  is  known  by 
the  name  of  legal,  legitimate  court  ( curtis  legalis, 
hoba  legitima )  ;  in  this  spot  was  placed  the  fam¬ 
ily  tomb.  So  indispensable  was  this  insulation 
held  to  be  that  the  Roman  law  of  the  Twelve 
Tables  fixed  the  space  to  intervene  the  town 
houses  at  two-and-a-half  feet.* 

It  was  not  the  houses  only,  but  also  the  family 
allotments  of  land  which  were  isolated,  so  that 
the  fear  of  fire  could  not  have  suggested  the 
measure.  A  law  of  the  Twelve  Tables  regulates 
that  a  strip  of  land,  five  feet  in  width,  be  left 
uncultivated.  (Tablet  VII.,  sec.  4.) 

The  breaking  up  of  the  common  property  of 
the  clan  into  the  collective  property  of  the  fami¬ 
lies  of  the  clan  was  a  more  radical  innovation 
than,  in  our  day,  would  be  a  restitution  of  the 
landed  estates  to  the  community.  Collective 
property  was  introduced  with  infinite  difficulty, 
and  only  maintained  itself  by  placing  itself  under 
Divine  protection  and  the  aegis  of  the  law.  I 
may  add  that  the  law  was  only  invented  for  the 
purpose  of  protecting  it.  The  justice  which  is 
other  than  the  satisfaction  of  revenge,  an  eye 
for  an  eye,  a  tooth  for  a  tooth — the  lex  talionis — 
made  its  appearance  in  human  society  only  after 
the  establishment  of  property,  for,  as  Locke  says, 
“Where  there  is  no  property  there  is  no  injustice, 
is  a  proposition  as  certain  as  any  demonstrated 
in  Euclid.  For  the  idea  of  property  being  a  right 
to  anything,  and  the  idea  to  which  the  name  in¬ 
justice  is  given  being  the  invasion  or  violation 


•Table  VII.,  sec.  1.  Restored  text  after  Festus. 


58  FAMILY  OR  CONSANGUINE  COLLECTIVISM 

of  that  right.”*  As  the  witty  Linguet  said  to 
Montesquieu,  “L’esprit  des  lois,  c’est  l’esprit  de 
la  propriete.” 

Religious  rites  and  ceremonies  were  instituted 
to  impress  upon  the  superstitious  minds  of  primi¬ 
tive  peoples  the  respect  due  to  this  private  prop¬ 
erty  of  the  family  collectively,  so  greatly  opposed 
to  their  communistic  usages.  In  Greece  and 
Italy,  on  appointed  days  of  the  month  and  year, 
the  chief  of  the  family  walked  round  his  fields, 
along  the  uncultivated  boundary,  pushing  the 
victims  before  him,  singing  hymns,  and  offering 
up  sacrifices  to  the  posts  or  stones,  the  metes  and 
bounds  of  the  fields,  which  were  converted  into 
divinities — they  were  the  Termini  of  the  Ro¬ 
mans,  the  “divine  bournes”  of  the  Greeks.  The 
cultivator  was  not  to  approach  the  landmark, 
“lest  the  divinity,  on  feeling  himself  struck  by 
the  plowshare,  should  cry  out  to  him,  ‘Stop,  this 
is  my  field,  yonder  is  thine.’  ”  The  Bible 
abounds  in  recommendations  to  respect  the  fields 
of  one’s  neighbor :  “Thou  shalt  not  remove  thy 
neighbor’s  landmark.”  (Deut.  xix.,  14.) 
“Cursed  be  he  that  removeth  his  neighbor’s 
landmark.”  Job,  who  has  the  soul  of  a  land¬ 
lord,  numbers  among  the  wickedest  the  man 
“who  removes  the  landmark.”  (Job  xxiv.)  The 
Cossacks,  with  a  view  to  inculcating  on  their 
children  a  respect  for  other  people’s  property, 
took  them  out  for  walks  along  the  boundaries 
of  the  fields,  whipping  them  all  the  way  with 
rods.  Plato,  who  drops  his  idealism  when  he 

•Locke’s  “Essay  on  the  Human  Understanding.”  Book  IV., 
chap,  iii.,  sec.  18. 


FAMILY  OR  CONSANGUINE  COLLECTIVISM  59 

deals  with  property,  says,  “Our  first  law  must  be 
that  no  man  shall  lay  a  hand  on  the  boundary- 
mark  which  divides  a  field  from  his  neighbor’s 
field,  for  it  must  remain  unmoved.  Let  no  man 
remove  the  stone  which  he  has  sworn  to  leave 
in  its  place.”  (Laws,  VIII.)  The  Etruscans 
called  down  maledictions  on  the  heads  of  the 
guilty :  “He  who  has  touched  or  removed  the 
landmark  shall  be  condemned  by  the  gods ;  his 
house  shall  disappear ;  his  race  become  extinct ; 
his  lands  shall  cease  to  bear  fruit ;  hail,  rust,  and 
canicular  heat  shall  destroy  his  harvests ;  the 
limbs  of  the  culprit  shall  ulcerate  and  rot.”* 

The  spiritual  chastisements,  which  make  so 
deep  an  impression  on  the  wild  and  fiery  imagina¬ 
tions  of  primitive  peoples,  having  proved  inade¬ 
quate,  it  became  necessary  to  resort  to  corporal 
punishments  of  unexampled  severity — punish¬ 
ments  repugnant  to  the  feelings  of  barbarian  peo¬ 
ples.  Savages  inflict  the  most  cruel  tortures  on 
themselves  by  way  of  preparing  for  a  life  of  per¬ 
petual  struggle,  but  such  tortures  are  never  puni¬ 
tive  ;  it  is  the  civilized  proprietor  who  has  hit 
upon  the  bene  amat,  bene  castigat  of  the  Bible. 
Catlin,  who  knew  the  savages  of  America  well, 
states  that  a  Sioux  chief  had  expressed  his  sur¬ 
prise  to  him  at  having  seen  “along  the  frontier 
white  men  whip  their  children;  a  thing  that  is 
very  cruel.” 

The  worst  crime  that  a  barbarian  can  commit 
is  to  shed  the  blood  of  his  clan;  if  he  kills  one 
of  its  members  the  entire  clan  must  rise  up  to 
take  vengeance  on  him.  When  a  member  of  a 


♦Sacred  formula  cited  by  Fustel  de  Coulanges.  Cite  Antique. 


60  FAMILY  OR  CONSANGUINE  COLLECTIVISM 

clan  was  found  guilty  of  murder  or  any  other 
crime  he  was  expelled,  and  devoted  to  the  in¬ 
fernal  gods,  lest  any  should  have  to  reproach 
himself  with  having  spilt  the  blood  of  his  clan 
by  killing  the  murderer.  Property  marks  its 
appearance  by  teaching  the  barbarian  to  trample 
under  foot  such  pious  sentiments ;  laws  are  en¬ 
acted  condemning  to  death  all  those  who  attack 
property.  “Whosoever,”  decrees  the  law  of  the 
Twelve  Tables,  “shall  in  the  night  furtively  have 
cut,  or  caused  to  graze  on,  the  crops  yielded  by 
the  plow,  shall,  if  he  has  reached  puberty,  be 
devoted  to  Ceres  and  put  to  death ;  if  he  has  not 
arrived  at  puberty  he  shall  be  beaten  with  rods 
at  the  will  of  the  magistrate  and  condemned  to 
repair  the  damage  doubly.  The  manifest  thief 
(i.  e.,  taken  in  the  act),  if  a  freeman,  shall  be 
scourged  with  rods  and  delivered  up  to  slavery. 
The  incendiary  of  a  corn-stack  shall  be  whipped 
and  put  to  death  by  fire.”  (Table  VIII.,  secs.  9, 
10,  14.)  The  Saxons  punished  theft  with  death. 
The  Burgundian  law  surpassed  the  Roman  law 
in  cruelty ;  it  condemned  to  slavery  the  wives 
and  children  under  14  years  of  age  who  had  not 
denounced  their  husbands  and  fathers  guilty  of 
stealing  a  horse  or  an  ox.  (XLVII.,  sec.  1,  2.) 
Property  introduced  the  common  informer  into 
the  family. 

These  moral  and  material  punishments,  which 
are  met  with  in  all  countries  and  which  are 
everywhere  alike  ferocious,*  abundantly  prove 

•Property  is  Invariably  ferocious ;  until  quite  recently  thieve* 
were  hanged  after  having  suffered  torture ;  the  forgers  of  banknote* 
in  civilized  Europe  were  formerly  sentenced  to  death,  and  are  still 
condemned  to  hard  labor  for  life. 


FAMILY  OR  CONSANGUINE  COLLECTIVISM  61 

the  difficulty  experienced  by  the  collective  form 
of  property  in  introducing  itself  into  the  com¬ 
munist  tribes. 

Prior  to  the  institution  of  collective  property, 
the  barbarian  looked  upon  all  the  property  be¬ 
longing  to  the  tribe  as  his  own,  and  disposed  of 
it  accordingly ;  the  Lacedaemonian,  we  have  seen, 
had  the  right  to  enter  private  dwellings  without 
any  formalities  and  to  take  the  food  he  required. 
The  Lacedaemonians  were,  it  is  true,  a  compara¬ 
tively  civilized  people,  but  their  essentially  war¬ 
like  existence  had  enabled  them  to  preserve  their 
ancient  usages.  The  travelers  who  have  fallen 
victims  to  this  propensity  of  the  barbarian  to 
appropriate  everything  within  his  reach,  have 
described  him  as  a  thief;  as  if  theft  were  com¬ 
patible  with  a  state  of  society  in  which  private 
property  is  not  as  yet  constituted.  But  as  soon 
as  collective  property  was  established,  the  natural 
habit  of  appropriating  what  a  man  sees  and  cov¬ 
ets,  became  a  crime  when  practiced  at  the  ex¬ 
pense  of  the  private  property  of  the  family,  and, 
in  order  to  set  a  restraint  upon  this  inveterate 
habit,  it  was  found  necessary  to  have  recourse 
to  moral  and  physical  punishment;  justice  and 
our  odious  criminal  codes  followed  in  the  wake 
of  collective  property  and  are  an  outgrowth  of  it. 

Collective  property,  if  not  the  sole  cause,  was, 
at  all  events,  the  pre-eminent  cause  of  the  over¬ 
throw  of  the  matriarchate  by  the  patriarchate. 
The  fate  of  the  patriarchal  family  is  intimately 
bound  up  with  the  collective  form  of  property: 
the  latter  becomes  the  essential  condition  of  its 
maintenance,  and,  so  soon  as  it  begins  to  break 


62  FAMILY  OR  CONSANGUINE  COLLECTIVISM 

up,  the  patriarchal  family  is  likewise  disinte¬ 
grated  and  superseded  by  the  modern  family;  a 
sorry  remnant,  destined,  ere  long,  to  disappear. 

Ancient  society  recognized  the  necessity  of  the 
integrity  of  collective  property  for  the  mainte¬ 
nance  of  the  family.  At  Athens  the  State 
watched  over  its  proper  administration ;  anybody 
being  entitled  to  demand  the  indictment  of  the 
head  of  a  family  who  maladministered  his  goods. 
The  collective  property  did  not  belong  to  the 
father,  nor  even  to  the  individual  members  of 
the  family,  but  to  the  family  considered  as  a 
collective  entity  which  is  perpetual,  and  endures 
from  generation  to  generation.*  The  property 
belonged  to  the  family  in  the  past,  present,  and 
future;  to  the  ancestors  who  had  their  altars 
and  their  tombs  in  it ;  to  the  living  members  who 
were  only  usufructuaries,  charged  with  continu¬ 
ing  the  family  traditions,  and  with  nursing  the 
property  in  order  to  hand  it  down  to  their  de¬ 
scendants.  The  chief  of  the  family,  who  might 
be  the  father,  the  eldest  brother,  the  younger 
brother,  or,  on  occasions,  the  mother,  was  the 
administrator  of  the  estate ;  it  was  his  duty  to 
attend  to  the  wants  of  the  individuals  who  com¬ 
posed  the  collectivity ;  to  see  that  the  lands  were 
properly  cultivated  and  the  house  kept  in  order, 
so  that  he  might  transmit  the  patrimony  to  his 
successor  in  the  same  state  of  prosperity  in  which 
he  had  received  it  at  the  death  of  his  predecessor. 
To  enable  him  to  fulfill  this  mission  the  head  of 

•Among  the  Germans  and  the  Bavarians  they  were  known  by  the 
name  of  estates  belonging  to  the  genealogies  (genealogiae)  ;  among 
the  Ripuarian  Franks  under  that  of  terrae  aviatigae  ;  among  the 
Anglo-Saions  under  that  of  ethel  or  alod  parentum. 


FAMILY  OR  CONSANCUINE  COLLECTIVISM  63 

the  family  was  armed  with  despotic  power;  he 
was  judge  and  executioner;  he  judged,  con¬ 
demned,  and  inflicted  bodily  punishment  on  the 
members  of  the  family  under  his  control;  his 
authority  stretched  so  far  as  to  empower  him  to 
sell  his  children  into  slave  y,  and  to  inflict  the 
pain  of  death  on  all  his  suoordinates,  including 
his  wife,  although  she  enjoyed  the  protection, 
sufficiently  precarious,  it  is  true,  of  her  own 
family.  The  quantity  of  land  distributed  was 
generally  proportionate  to  the  number  of  males 
in  the  family ;  the  father,  with  a  view  to  the  pro¬ 
curing  of  servants  to  cultivate  it,  married  his 
sons  while  still  in  infancy  to  adult  women,  who 
became  his  concubines.  Haxthausen  relates  that 
in  Russia  one  could  see  tall  and  robust  young 
women  carrying  their  little  husbands  in  their 
arms. 

The  worn-out  phrase  “The  family  is  the  pillar 
of  the  state,”  which  modern  moralists  and  poli¬ 
ticians  reiterate  ad  nauseam  since  it  has  ceased 
to  be  exact,  was  at  one  time  an  adequate  expres¬ 
sion  of  the  truth.  Where  collective  property 
exists,  every  village  is  a  petty  state,  the  govern¬ 
ment  whereof  is  constituted  by  the  council 
elected  in  the  assembly  of  the  family-chiefs,  co- 
equals  in  rights  and  privileges.  In  India,  where 
the  collective  form  of  property  was  highly  de¬ 
veloped,  the  village  had  its  public  officers,  who 
where  artisans  (wheelwrights,  tailors,  weavers, 
etc.),  schoolmasters,  pirests,  and  dancing  women 
for  public  ceremonies ;  they  were  paid  by  the  vil¬ 
lage  community,  and  owed  their  services  to  the 
members  having  ancestral  shares  in  the  land,  but 


64  FAMILY  OR  CONSANGUINE  COLLECTIVISM 

not  to  stranger  settlers.  In  the  Greek  republics 
the  state  maintained  public  prostitutes  for  the 
use  of  the  males  of  the  patrician  families.  Sir 
G.  Campbell  states,  among  other  curious  facts, 
that  the  smith  and  the  artisans  generally,  were 
more  highly  remuneiated  in  the  Indian  villages 
than  the  priests. 

The  head  man  of  the  village,  elected  for  his 
ability,  his  learning,  and  powers  as  a  scorcerer, 
is  the  administrator  of  the  property  of  the  com¬ 
munity  ;  he  alone  is  privileged  to  carry  on  com¬ 
merce  with  the  exterior,  that  is,  to  sell  the  sur¬ 
plus  of  the  crops  and  cattle,  and  to  buy  such 
objects  as  are  not  manufactured  in  the  village.  As 
Haxthausen  observes :  “Commerce  is  only  car¬ 
ried  on  wholesale,  which  is  of  great  advantage 
to  the  peasant,  who,  left  to  himself,  is  often  un¬ 
der  the  necessity  of  selling  his  products  below 
their  real  value,  and  at  unfavorable  moments. 
As  commerce  is  in  the  hands  of  the  chief,  the 
latter  is  able  from  his  connections  with  the  chiefs 
of  the  neighboring  villages  to  wait  for  a  rise  in 
prices,  and  take  advantage  of  all  favorable  cir¬ 
cumstances  before  concluding  a  sale.”  All  those 
who  are  familiar  with  the  deceptions  practiced 
upon  peasants  by  merchants  will  appreciate  the 
justness  of  the  observation  of  Haxthausen.  The 
French  bourgeois,  who  pounced  upon  Algiers  and 
Tunis  as  on  a  prey,  expressed  great  moral  indig¬ 
nation  at  being  prevented  from  entering  into 
communication  with  the  Arabs  individually,  and 
obliged  to  treat  with  the  chiefs  of  the  commu¬ 
nity  ;  they  loudly  and  pathetically  bewailed  the 
unhappy  lot  of  the  wretched  Arabs  bereft  of  the 


FAMILY  OR  CONSANGUINE  COLLECTIVISM  65 

liberty  of  allowing  themselves  to  be  fleeced  by 
the  European  merchants ! 

Petty  societies,  organized  on  the  basis  of  col¬ 
lective  property,  are  endowed  with  a  vitality  and 
power  of  resistance  possessed  by  no  other  social 
form  in  an  equal  degree. 

“The  village  communities  are  little  republics, 
having  nearly  everything  that  they  want  within 
themselves  and  almost  independent  of  any  for¬ 
eign  relations,”  says  Lord  Metcalfe.  “They 
seem  to  last  where  nothing  else  lasts.  Dynasty 
after  dynasty  tumbles  down,  revolution  succeeds 
to  revolution ;  Hindu,  Pagan,  Mogul,  Mahratta, 
Sikh,  English  are  all  masters  in  turn ;  but  the 
village  communities  remain  the  same.  In  time  of 
trouble  they  arm  and  fortify  themselves ;  a  hos¬ 
tile  army  passes  through  the  country,  the  village 
communities  collect  their  cattle  within  their  walls 
and  let  the  enemy  pass  unmolested.  If  plunder 
and  devastation  be  directed  against  themselves, 
and  the  force  employed  be  irresistible,  they  flee 
to  friendly  villages  at  a  distance ;  but  when  the 
storm  has  passed  over  they  return  and  resume 
their  occupations.  If  a  country  remains  for  a 
series  of  years  the  scene  of  continued  pillage  and 
massacre,  so  that  the  village  cannot  be  inhabited, 
the  scattered  villagers  nevertheless  return  when¬ 
ever  the  power  of  peaceable  possession  revives.  A 
generation  may  pass  away,  but  the  succeeding 
generation  will  return.  The  sons  will  take  the 
places  of  their  fathers,  the  same  site  for  the  vil¬ 
lage,  the  same  positions  for  their  houses;  the 
same  lands  will  be  reoccupied  by  the  descendants. 

It  is  not  a  trifling  matter  that  will  turn 


66  FAMILY  OR  CONSANGUINE  COLLECTIVISM 


them  out,  for  they  will  often  maintain  their  posts 
throughout  times  of  disturbance  and  convulsions, 
and  acquire  a  strength  sufficient  to  resist  pillage 
and  oppression  with  success.”  Farther  on  he 
adds :  “The  village  constitution  which  can  sur¬ 
vive  all  outward  shock  is,  I  suspect,  easily  sub¬ 
verted  with  the  aid  of  our  regulations  and  Courts 
of  Justice  by  any  internal  disturbance ;  litigation, 
above  all  things,  I  should  think  would  tend  to 
destroy  it.”* 

* Report  of  Select  Committee  of  the  House  of  Commons,  1832. 
The  remarkable  deposition  of  Lord  Metcalfe  is  published  in  extenso 
in  the  appendix  to  Vol.  XI. 

Jurists,  politicians,  religious  and  socialist  reformers  have  repeat¬ 
edly  discussed  the  rights  of  property,  and  these  discussions,  how  inter¬ 
minable  soever,  have  always  come  back  to  the  Initial  point,  to-wit, 
that  property  had  been  established  by  violence,  but  that  time, 
which  disfigures  all  things,  had  added  grace  and  sanctity  to  prop¬ 
erty.  Until  recent  years  the  writers  of  philosophies  of  human 
society  ignored  the  existence  of  collective  property.  Baron  Hax- 
thausen,  who  traveled  in  Russia  in  1840,  made  the  discovery,  and 
published  an  acoeunt  of  it  in  his  “Etudes  sur  la  situation  inter!  - 
eure,  la  vie  nationale  et  les  institutions  rurales  de  la  Russie.”  He 
remarked  that  the  mir  was  the  realization  of  the  Utopianism  of  St. 
Simon,  then  in  vogue.  Bakounine  and  the  liberal  Russians,  who 
had  never  so  much  as  suspected  the  existence  of  collective  property 
in  Russia,  now  re-discovered  Haxthausen’s  discovery ;  and  as,  in 
despite  of  their  amorphous  anarchism,  they  are  above  all  things 
Russian  Jingoes,  who  imagine  that  the  Slav  race  is  the  chosen  race, 
privileged  to  guide  mankind,  they  declared  the  mir,  that  primitive 
and  exhausted  form  of  property,  to  be  the  form  of  the  future ;  it 
only  remained  for  the  western  nations  to  obliterate  their  civilization 
and  to  ape  that  of  the  Russian  peasants. 

In  virtue  of  the  principle  that  it  is  hardest  to  see  what  lies 
under  our  eyes,  Haxthausen,  who  had  discovered  the  mir  in  Russia, 
was  unable  to  perceive  the  remains  of  the  Hark,  so  numerous  in 
Germany ;  he  affirmed  that  collective  property  was  a  specialty  of  the 
Slavs.  Maurer  has  the  merit  of  having  demonstrated  that  the 
Germans  have  passed  through  the  stage  of  collective  property;  and. 
since  Maurer,  traces  of  it  have  been  found  in  all  countries  and 
among  all  races.  Before  Haxthausen,  the  English  officials  in  India 
had,  indeed,  called  attention  to  this  particular  form  of  property  in 
the  provinces  which  they  administered,  but  their  discovery,  buried 
in  official  reports,  had  obtained  no  publicity;  but  since  the  question 
has  come  under  scientific  observation  it  has  been  found  that  this 
same  form  had  already  been  signalized  by  writers  in  the  last,  and  in 
the  first  years  of  the  present,  centuries,  notably  by  Le  Grand 
d’Aussy,  Francois  de  Neufchateau,  in  France,  and  the  agronomist 
Marshall,  in  England. 


FAMILY  OR  CONSANGUINE  COLLECTIVISM  67 

Bourgeois  exploitation  cannot  tolerate,  along¬ 
side  of  it,  the  collective  form  of  property,  which 
it  destroys  and  replaces  by  private  property,  the 
adequate  form  of  bourgeois  property.  What  has 
taken  place  in  India  and  Algeria  has  occurred  in 
France.  The  village  collectivities  that  had  lasted 
throughout  the  entire  feudal  period,  and  sur¬ 
vived  till  1789,  were  disorganized  by  the  dis¬ 
solvent  action  of  the  laws  during  and  after  the 
bourgeois  revolution.  The  great  revolutionary 
jurist,  Merlin  suspect  (so  called  because  he  had 
been  the  proposer  of  the  sanguinary  loi  des  sus¬ 
pects)  did  more  towards  bringing  about  the  de¬ 
struction  and  confiscation  of  the  communal  lands 
of  the  village  collectivities  than  the  feudal  lords 
had  done  in  the  course  of  centuries. 

Over  and  above  the  reasons  of  a  political  char¬ 
acter  which  prompt  monarchical  governments  to 
patronize  the  family  organization  based  on  col¬ 
lective  property,  there  exist  yet  others,  equally 
important,  of  an  administrative  character.  As 
the  collectivist  village  forms  a  number  of  admin¬ 
istrative  units  represented  by  the  chief  who  di¬ 
rects  it  and  trafficks  in  its  name,  the  Govern¬ 
ment  makes  the  latter  responsible  for  the  levying 
of  the  taxes  and  the  recruiting  of  the  militia,  and 
charges  him  with  additional  functions  which  are 
not  remunerated.  In  Russia  the  Imperial  Gov¬ 
ernment  lends  its  weight  to  the  decisions  of  the 
communal  council,  incorporating  into  the  army, 
and  even  despatching  to  Siberia,  all  those  whose 
conduct  is  not  approved  of  by  the  elders.  In 
France,  the  monarchy  anterior  to  1789  exerted 
itself  to  uphold  these  peasant  collectivist  organi- 


68  FAMILY  OR  CONSANGUINE  COLLECTIVISM 


zations,  assailed  on  the  one  hand  by  the  feudal 
lords,  who  brutally  despoiled  them  of  their  com¬ 
munal  possessions  and  privileges,  and  on  the 
other  by  the  bourgeoisie,  who  seized  upon  their 
lands  by  every  means.* 

The  feudal  lords  encouraged  the  organization 
of  the  peasants  into  family  collectivities.  Dalloz 
mentions  a  contract  of  the  17th  century  in  which 
a  lord  causes  his  lands  to  be  cultivated  by  meta¬ 
yers,  on  condition  that  the  peasants  shall  have 
“in  common,  fire  and  food  and  live  in  perpetual 
community.”  A  legist  of  the  18th  century, 
Dunod,  furnishes  us  with  the  reason  which  led  to 
the  community  of  the  cultivators :  It  is  that  “the 
seignorial  domains  are  better  cultivated,  and  the 
subjects  better  able  to  pay  the  tributes  due  to  the 
lord  when  living  in  common  than  when  forming 
separate  households.” 

Collective  property,  which  destroyed  the  primi¬ 
tive  tribal  communism,  established  the  family 
communism  which  secured  all  its  members 

•Russian  revolutionary  socialists  believe  in  the  mir,  and  are  in 
favor  of  its  maintenance.  They  opine  that  tha  existence  of  a  class 
of  peasants  living  in  collectivity  must  facilitate  the  establishment 
of  agrarian  communism.  A  socialist  government,  turning  to  account 
the  communistic  sentiments  developed  by  collective  property,  might 
conceivably  adopt  measures  favorable  to  the  nationalization  of  the 
soil  and  its  social  cultivation ;  but  the  establishment  of  a  revolu¬ 
tionary  socialist  power  in  Russia  is  highly  Improbable  during  the 
maintenance,  as  a  general  fact,  of  this  form  of  property.  All  vil¬ 
lage  collectivities,  organized  on  the  basis  of  the  mir,  are  indepen¬ 
dent;  they  are  self-sufficing,  and  keep  up  very  imperfect  relations 
among  one  another,  and  it  is  an  easy  matter  for  any  government 
to  stifle  whatever  disposition  they  might  manifest  for  federation. 
This  is  what  has  come  to  pass  in  India.  The  English  Government, 
with  an  army  of  50,000  European  soldiers,  holds  in  subjection  an 
empire  as  thickly  peopled  as  Russia.  The  village  collectivities 
united  by  no  federative  bonds  are  powerless  to  offer  any  considerable 
force  of  resistance.  It  may  be  asseverated  that  the  surest  basis  of 
governmental  despotism  is  precisely  collective  property,  with  the 
family  and  communal  organization  which  corresponds  thereto. 


FAMILY  OR  CONSANGUINE  COLLECTIVISM  69 

against  want.  “The  proletariat  is  not  known  in 
Russia,”  wrote  Haxthausen,  “and  so  long  as  this 
institution  (the  mir )  survives,  it  can  never  be 
found  here.  A  man  may  become  impoverished 
here  and  squander  his  substance,  but  the  faults 
or  misfortunes  of  the  father  can  never  affect  his 
children,  for  these  holding  their  rights  of  the 
commune,  and  not  of  the  family,  do  not  inherit 
their  father’s  poverty.” 

It  is  precisely  this  security  against  want  af¬ 
forded  by  collective  property  which  is  offensive 
to  the  capitalist,  whose  whole  fortune  reposes 
on  the  misery  of  the  working  class. 

Collective  property  is  remarkable  not  only  for 
the  tenacity  and  indestructibility  of  the  small 
peasant  collectivities  which  it  maintained,  and 
the  well-being  which  it  afforded  to  the  cultivators 
of  the  soil,  but  also  for  the  grandeur  of  its 
achievements.  In  illustration  whereof  let  me  cite 
the  marvellous  works  of  irrigation  in  India  and 
the  terrace-culture  of  the  mountain  slopes  of 
Java,  covering,  Wallace  informs  us,  hundreds  of 
square  miles;  “these  terraces  are  increased  year 
by  year,  as  the  population  increases,  by  the  in¬ 
habitants  of  each  village  working  in  concert  un¬ 
der  the  direction  of  their  chiefs,  and  it  is,  per¬ 
haps,  by  this  system  of  village  culture  alone  that 
such  extensive  terracing  and  irrigation  has  been 
rendered  possible.”* 

The  collective  form  of  property,  traces  of 
which  have  been  met  with  wherever  researches 
have  been  instituted,  has  survived  for  shorter  or 
longer  periods,  according  to  the  industrial  and 


•A.  B.  Wallace.  "The  Malay  Archipelago, ”  18(59.  Vol.  I. 


70  FAMILY  OR  CONSANGUINE  COLLECTIVISM 

i 

commercial  development  of  the  country  in  which 
it  obtained.  This  form,  created  by  the  splitting 
up  of  the  common  property  of  the  tribe,  was 
bound  to  disappear  in  its  turn,  with  the  disinte¬ 
gration  of  the  patriarchal  family,  in  order  to 
constitute  the  individual  property  of  the  several 
members  of  the  dissolved  family. 

Private  property,  which  was  to  succeed  collect¬ 
ive  property,  grew  out  of  it.  The  house  and 
garden  enclosed  by  walls  and  palisades  were  the 
private  property,  absolute  and  inalienable,  of  the 
family;  no  public  authority  had  the  right  to 
trench  on  it.  In  the  interior  of  the  house  the 
different  members,  not  omitting  the  slaves,  pos¬ 
sessed  a  peculium,  some  private  property  inde¬ 
pendent  of  that  of  the  family ;  this  individual 
property,  acquired  by  personal  toil  of  its  owner, 
was  often  considerable ;  it  consisted  of  slaves, 
cattle,  and  movables  of  various  kinds.  The  right 
to  a  peculium  was  acquired  slowly ;  in  the  begin¬ 
ning  no  one  member  of  the  family  could  possess 
aught  in  severalty;  all  that  he  acquired  reverted 
of  right  to  the  community. 

The  arable  and  pasture  lands  of  which  the 
family  had  but  the  usufruct  became  ultimately 
their  private  property,  and  when  the  family  was 
broken  up,  i.  e.,  when  every  male  upon  marrying 
quitted  the  collective  dwelling  for  a  house  of  his 
own,  landed  property  shared  the  fate  of  personal 
property — it  was  divided  amongst  the  children 
and  was  held  in  severalty. 

The  evolution  of  property,  passing  from  the 
collective  to  the  private  form,  has  been  extremely 
slow,  so  slow,  indeed,  that  in  many  a  country 


FAMILY  OR  CONSANGUINE  COLLECTIVISM  71 

collective  property,  but  for  an  external  impulse, 
might  possibly  have  endured  for  centuries  with¬ 
out  suffering  a  change.  Villages  founded  on 
collective  property  form  economic  units;  that  is 
to  say,  that  they  contain  all  they  require  for  the 
intellectual  and  material  wants  of  their  inhabit¬ 
ants,  and  that  contrariwise,  they  comprise  few 
elements  capable  of  determining  change ;  here 
all  things  are  accomplished  in  accordance  with 
traditions  prescribed  by  the  elders,  and  handed 
down  like  precious  heirlooms.  In  effect,  once 
a  village  has  arrived  at  such  a  degree  of  indus¬ 
trial  and  agricultural  development  as  to  be  capa¬ 
ble  of  satisfying  the  natural  and  simple  wants 
of  the  villagers,  it  would  seem  that  it  no  longer 
finds  within  itself  any  cause  for  change;  an  im¬ 
pulse  from  without  is  required  to  set  it  in  motion. 

Agriculture,  which  was  the  determinant  cause 
of  the  parcelling  out  of  the  common  tribal  prop¬ 
erty,  was,  moreover,  one  of  the  causes  of  the 
splitting  up  of  collectivist  property.  In  propor¬ 
tion  as  improved  methods  of  culture  were  intro¬ 
duced,  the  peasants  recognized  that  one  year’s 
possession  was  insufficient  to  reap  the  benefits 
of  the  manures  and  labor  incorporated  with  the 
lands  that  had  been  allotted  them.  They  de¬ 
manded  that  the  partitions,  hitherto  annual, 
should  in  future  take  place  every  two,  three, 
seven,  and  even  twenty  years :  in  Russia  the  gov¬ 
ernment  was  constrained  to  impose  the  partitions 
on  the  talcing  of  the  census ;  the  peasants  call 
them  black,  i.  e.,  bad  partitions,  which  shows  how 
uncongenial  they  were  to  the  families  who  con¬ 
sidered  that  they  had  proprietary  rights  in  the 


72  FAMILY  OR  CONSANGUINE  COLLECTIVISM 

lands  which  had  been  given  them  at  the  last  dis¬ 
tribution.  Hence,  it  was  the  arable  lands  to 
which  improved  methods  were  first  applied, 
which  finally  became  inalienable ;  whereas  the 
pasture  continued  to  be  apportioned  annually. 
So  long  as  the  arable  lands  are  not  private  prop¬ 
erty,  the  trees  planted  in  the  communal  lands 
belong  to  those  who  have  planted  them,  even 
though  they  grow  in  territory  which  is  subject  to 
periodical  partition. 

In  the  villages  in  which  collective  property  ob¬ 
tains  all  the  chiefs  of  families  are  co-equals ;  they 
all  possess  an  equal  right  to  a  share  in  the  allot¬ 
ment  of  the  lands,  because  all  originally  be¬ 
longed  to  the  same  clan ;  the  strangers  who  have 
come  to  reside  there  as  artificers,  fugitives,  or 
prisoners  of  war,  are  entitled,  after  having  ob¬ 
tained  the  freedom  of  the  city,  which  corresponds 
to  the  antique  adoption  by  the  clan,  to  share  in 
the  territorial  partition  equally  with  the  original 
inhabitants.  This  admission  of  strangers  was 
feasible  only  so  long  as  the  villages  grew  slowly 
and  as  the  land  to  be  disposed  of  remained  abun¬ 
dant  :  the  populous  villages  were  forced  to  dis¬ 
seminate,  to  send  forth  colonies  and  to  clear  the 
neighboring  forests.  Every  family  was  free,  in¬ 
deed,  to  make  clearances  outside  a  given  limit 
and  during  a  stated  period,  and  was  held  to  have 
a  possessory  right  in  the  lands  which  it  had 
brought  under  culture.  But  this  abundance  of  un¬ 
cultivated  land  began  to  fail  in  the  villages  situ¬ 
ated  near  the  seashore  or  by  the  riverside,  which, 
owing  to  their  more  favored  position,  attracted 
a  larger  number  of  strangers.  Into  these  villages, 
which  grew  into  small  towns,  it  became  difficult 


FAMILY  OR  CONSANGUINE  COLLECTIVISM  73 

to  gain  admisison,  and  for  a  right  of  sojourn 
certain  fees  were  levied.* 

The  new-comers  were  excluded  from  the  terri¬ 
torial  partitions,  from  the  right  of  common  of 
pasture,  and  from  the  administration  of  the 
towns  ;  these  rights  were  strictly  limited  to  the 
primitive  families,  who  constituted  a  privileged 
body,  a  sort  of  communal  aristocracy,  to-wit,  the 
municipal  aristrocracy,  opposed  alike  to  the  feudal 
or  warlike  aristocracy  and  to  the  alien  artificers. 
The  latter,  in  order  to  resist  the  continual  aggres¬ 
sions  of  the  communal  aristocracy,  formed  trade 
corporations.  This  division  of  the  members  of 
the  city  was  throughout  the  Middle  Ages  a  con¬ 
stant  source  of  intestine  warfare. 

A  degree  of  inequality  crept  into  the  primitive 
families :  it  would  happen  that  to  one  family  fell 
an  undue  share  of  allotments ;  that  others,  in  or¬ 
der  to  discharge  their  debts,  were  compelled  to 
relinquish  the  enjoyment  of  their  lots,  and  so 
forth.  This  engrossing  of  the  land  profoundly 
wounded  the  sentiments  of  equality  which  had 
not  ceased  to  animate  the  members  of  the  col¬ 
lectivist  villages.  Everywhere  the  monopolizers 
of  land  have  been  loaded  with  maledictions ;  in 
Russia  they  are  called  the  community-eaters ;  _  in 
Java  it  is  forbidden  to  claim  more  than  one  in¬ 
heritance.  Isaiah  exclaims:  “Woe  unto  them 
that  join  house  to  house,  that  lay  field  to  field, 

•In  his  “Histolre  des  blens  Communaux  jusqu’au  XIII.  si8cle,” 
1850,  M.  RlviSre  cites  an  ordonnance  of  1223,  which  states  that 
eTery  stranger  for  the  right  of  sojourn  at  Rheims  must  pay  a  bushel 
of  oats  and  a  hen  to  the  archbishop,  eight  crowns  to  the  mayor,  and 
four  to  the  aldermen.  The  archbishop  is  the  feudal  lord;  the  con¬ 
tributions  due  to  him  are  comparatively  insignificant,  whereas  those 
Exacted  by  the  mayor  and  aldermen,  who  belong  to  the  communal 
Nr  municipal  aristocracy,  are  very  onerous  for  the  period. 


74  FAMILY  OR  CONSANGUINE  COLLECTIVISM 

till  there  be  no  place,  that  they  may  be  placed 
alone  in  the  midst  of  the  earth.”  (v.  8.) 

But  among  the  causes  that  operated  most  pow¬ 
erfully  in  bringing  misery  and  disorganization 
into  the  village  collectivities  were  the  fiscal 
charges,  as  witness  Anglo-India. 

At  the  outset  the  taxes  were  paid  in  kind  and 
proportionately  to  the  nature  of  the  harvest;  but 
this  mode  of  payment  no  longer  answers  the 
claims  of  a  government  which  becomes  central¬ 
ized  ;  it  exacts  money  payment  of  the  taxes  in 
advance,  taking  no  account  of  the  state  of  the 
crops.  The  villagers,  as  a  consequence,  are  con¬ 
strained  to  apply  to  the  usurers,  those  pests  of 
the  village ;  this  vile  brood,  who  are  countenanced 
by  the  government,  rob  the  peasant  shamelessly ; 
they  transform  him  into  a  nominal  proprietor, 
who  tills  his  fields  with  no  other  object  than  to 
pay  off  his  debts,  which  increase  in  proportion 
as  he  discharges  them.  The  contempt  and  hatred 
inspired  by  the  usurers  is  widespread  and  in¬ 
tense  ;  if  the  anti-Semitic  campaign  in  Russia  has 
given  rise  to  such  sanguinary  scenes  in  the  vil¬ 
lages,  it  is  because  the  peasant  made  no  distinc¬ 
tion  between  the  Jew  and  usurer;  many  an 
orthodox  Christian  who  needed  not  to  be  cir- 
cumcized  in  order  to  strip  the  cultivators  as  clean 
as  ever  the  purest  descendant  of  Abraham  could 
have  done,  was  robbed  and  massacred  during  the 
height  of  the  fever  of  the  anti-Semitic  movement. 
These  various  causes  co-operated  with  the  de¬ 
velopment  of  industry  and  commerce  to  accelerate 
the  monopolizing  of  the  land,  vested  more  and 
more  in  private  families,  and  to  precipitate  the 
dissolution  of  the  patriarchal  family. 


CHAPTER  IV 


FEUDAL  PROPERTY 

I 

Feudal  property  presents  itself  under  two 
forms ;  immovable  property,  called  corporeal  by 
the  French  feudists,  consisting  of  a  castle  or 
manor  with  its  appurtenances  and  surrounding 
lands,  “as  far  as  a  capon  can  fly and  movable  or 
incorporeal  property,  consisting  of  military  serv¬ 
ice,  aids,  reliefs,  fines,  tithes,  etc. 

Feudal  property,  of  which  ecclesiastical  prop¬ 
erty  is  but  a  variety,  springs  up  in  the  midst  of 
village  communities  based  on  collective  property, 
and  evolves  at  their  expense ;  after  a  long  series 
of  transformations  it  is  resolved  into  bourgeois 
or  capitalist  property,  the  adequate  form  of  pri¬ 
vate  property. 

Feudal  property,  and  the  social  organization 
which  corresponds  thereto,  serve  as  a  bridge 
from  family,  or,  more  correctly,  consanguine  col¬ 
lectivism  to  bourgeois  individualism. 

Under  the  feudal  system  the  landlord  has  obli¬ 
gations  and  is  far  from  enjoying  the  liberty  of 
the  capitalist — the  right  to  use  and  abuse.  The 
land  is  not  marketable ;  it  is  burdened  with  com 
ditions,  and  is  transmitted  according  to  tradi¬ 
tionary  customs  which  the  proprietor  dares  not 
infringe ;  he  is  bound  to  discharge  certain  defined 


76 


FEUDAL  PROPERTY 


duties  toward  his  hierarchical  superiors  and  in¬ 
feriors. 

The  system,  in  its  essence,  is  a  compact  of 
reciprocal  services ;  the  feudal  lord  only  holds  his 
land  and  possesses  a  claim  on  the  labor  and  har¬ 
vests  of  his  tenants  and  vassals  on  condition  of 
doing  suit  and  service  to  his  superiors  and  lend¬ 
ing  aid  to  his  dependents.  On  accepting  the  oath 
of  fealty  and  homage  the  lord  engaged  to  protect 
his  vassal  against  all  and  sundry  by  all  the  means 
at  his  command;  in  return  for  which  support  the 
vassal  was  bound  to  render  military  and  personal 
service  and  make  certain  payments  to  his  lord. 
The  latter,  in  his  turn,  for  the  sake  of  protection, 
commended  himself  to  a  more  puissant  feudal 
lord,  who  himself  stood  in  the  relation  of  vas¬ 
salage  to  a  suzerain,  to  the  king  or  emperor. 

All  the  members  of  the  feudal  hierarchy,  from 
the  serf  upwards  to  the  king  or  emperor,  were 
bound  by  the  ties  of  reciprocal  duties.  A  sense 
of  duty  was  the  spirit  of  feudal  society,  just  as 
the  lust  of  lucre  is  the  soul  of  our  own.  All 
things  were  made  to  contribute  to  the  impressing 
it  upon  the  minds  of  great  and  small  alike.  Pop¬ 
ular  poetry,  that  primeval  and  all-powerful  in¬ 
strument  of  education,  exalted  duty  into  a  relig¬ 
ion.  Roland,  the  epic  hero  of  feudalism,  assailed 
and  overwhelmed  by  the  Saracens  at  Roncevalles, 
upbraids  his  companion-in-arms,  Oliver,  who 
complains  of  Charlemagne’s  desertion  of  them,  in 
this  wise: 


FEUDAL  PROPERTY 


77 


“Ne  dites  tel  ultrage. 

Mai  seit  de  l’coer  ki  el  piz  se  cuardet! 

Nus  remeindrum  en  estal  en  la  place; 

Par  nus  i  iert  e  li  colps  e  li  caples.” 

“Pur  sun  seignur  deit  hum  suffrir  granzmals; 

E  endurer  e  forz  freiz  e  granz  calz 
Si’n  deit  hum  perdre  del’sanc  e  de  la  earn 
Fier  de  ta  lance  e  jo  de  Durendal, 

Ma  bone  espee  que  li  Reis  me  dunat 
Se  jo  i  moerc,  dire  poet  ki  l’avrat, 

Que  ele  fut  a  nobilie  vassal!”* 

‘“Speak  not  such  outrage. 

Curse  on  the  heart  that  cravens  in  the  breast! 

Fast  in  the  place  will  we  maintain  our  stand. 

And  blows  and  sword-thrusts  shall  be  dealt  by  us.” 

“Much  evil  must  one  suffer  for  his  lord; 

Endure  alike  the  hard  cold  and  high  heat ; 

And  for  him  must  one  lose  his  blood  and  bone! 

Fight  with  thy  lance,  as  I  with  Durendal, 

My  good  sword  that  my  king  did  give  to  me ; 

And  If  I  die,  who  gets  it  well  may  say, 

Right  noble  was  the  vassal  owned  the  sword !” 

— “Chanson  de  Roland,”  secs,  xciii.  and  xciv. 

The  song  of  Roland  was  frequently  sung  at  the  beginning  of  a 
battle.  At  Hastings,  when  the  two  hostile  armies  were  face  to  face, 
“the  Earl”  (William,  Earl  of  Normandy),  says  William  of  Malmes¬ 
bury,  commenced  the  song  of  Roland,  “that  the  warlike  example  of 
that  man  might  stimulate  the  soldiers.”  According  to  Wace,  the 
Trouvere,  the  song  was  sung  by  the  Norman,  Taillefer : 

“Taillefer  ki  moult  bien  cantout 
Sur  un  eheval  gi  tost  alout, 

Devant  le  Due  allout  cantant 
De  Karlemaigne  e  de  Rollant, 

E  d’Oliver  e  des  vassals 
Qui  moururent  en  Roncevals.” 

Thus  Englished  by  Sir  Walter  Scott : — 

“Taillefer,  who  sang  both  well  and  loud, 

Came  mounted  on  a  courser  proud ; 

Before  the  Duke  the  minstrel  sprung 
And  loud  of  Charles  and  Roland  sung 
Of  Oliver  and  champions  mo 
Who  died  at  fatal  Roneevaux.” 

As  Taillefer  sang  he  played  with  his  sword,  and,  casting  it  high 
in  the  air,  caught  it  again  with  his  right  hand,  while  all  in  chorus 
shouted  the  cry  of  “God  aid  us!” 


78 


FEUDAL  PROPERTY 


Consanguine  collectivism  had  but  created  the 
communal  unit ;  feudalism  called  forth  a  provin¬ 
cial  and  national  life  by  knitting  together  the  in¬ 
dependent  and  insulated  groups  of  a  province  or 
a  nation  by  a  reciprocity  of  duties  and  services. 
Viewed  in  this  light  feudalism  is  a  federation  of 
baronies. 

The  duties  which  the  lord  owed  his  serfs,  ten¬ 
ants,  and  vassals  were  manifold  and  onerous,  but 
with  the  decay  of  feudalism  he  shook  off  these 
duties,  while,  at  the  same  time,  he  continued  to 
exact  and  even  aggravated,  the  dues  and  obli¬ 
gations  which,  originally,  had  been  but  the  recom¬ 
pense  of  services  he  had  rendered.  Not 
content  with  neglecting  his  feudal  duties,  he 
raised  a  claim  to  the  lands  of  his  vassals,  as  also 
to  the  communal  domains  and  forests.  The 
feudists,  justly  stigmatized  as  “feudal  pens,” 
maintained  that  the  woodlands,  forests,  and  mead¬ 
ows  had  immemorially  belonged  to  the  lord,  who 
had  merely  resigned  the  usufruct  thereof  to  his 
serfs  and  vassals.  The  English  feudists  made 
shorter  work  of  it.  They  fabricated  history  and 
declared  that  at  some  period — “sometimes  vaguely 
associated  with  the  feudalization  of  Europe,  some¬ 
times  more  precisely  with  the  Norman  Conquest 
— the  entire  soil  of  England  was  confiscated ;  that 
the  whole  of  each  manor  became  the  lord’s 
demesne ;  that  the  lord  divided  certain  parts  of 
it  among  his  free  retainers,  but  kept  a  part  in  his 
own  hands  to  be  tilled  by  his  villeins ;  that  all 
which  was  not  required  for  this  distribution  was 
left  as  the  lord’s  waste ;  and  that  all  customs 
which  cannot  be  traced  to  feudal  principles  grew 


FEUDAL  PROPERTY 


79 


up  insensibly  through  the  subsequent  tolerance 
of  the  feudal  chief.”* 

The  bourgeois  historians  and  Merlin,  the  ter¬ 
rible  jurist  of  the  convention  and  destroyer  of 
the  communal  lands,  solicitous  to  trace  the  private 
form  of  property  to  the  feudal  period,  adopted  the 
interested  thesis  of  the  aristocrats.  The  history  of 
the  genesis  and  evolution  of  feudal  property  will 
prove  the  unsoundness  of  the  feudists’  theory  and 
show  that  seignorial  property  was  built  up  by 
fraud  and  violence. 


II 

The  feudal  system  appears  as  the  hierarchical 
organization  of  authority,  notwithstanding  that 
it  was  the  outgrowth  of  a  society  of  equals ;  but 
equality  could  never  have  brought  forth  despotism 
but  for  the  co-operation,  during  centuries,  of 
events  which,  for  the  understanding  of  that  gene¬ 
sis,  must  be  kept  in  mind. 

The  Teutonic  tribes  who  had  invaded  Western 
Europe  were  a  nomad  population,  in  a  state  of 
barbarism  nearly  akin  to  that  of  the  Iroquois 
tribes  at  the  time  of  the  discovery  of  America. 
Strabo  tells  us  that  the  barbarians  established  in 
Belgium  and  in  the  Northeast  of  France  were 
ignorant  of  agriculture,  and  lived  exclusively  on 
milk  and  flesh ;  principally  on  pork,  fresh  or  salt ; 

*H.  S.  Maine,  "Village  Communities,”  p.  84.  This  opinion  was 
formulated,  in  his  evidence  before  the  Select  Committee  of  the 
House  of  Commons  which  sat  to  consider  the  subject  of  enclosures, 
by  a  lawyer,  Mr.  Blamire,  who,  according  to  Mr.  Maine,  was  “an 
official  unusually  familiar  with  English  landed  property  in  its  less 
usual  shapes.” 


80 


FEUDAL  PROPERTY 


that  they  possessed  herds  of  swine — savage  and 
dangerous  as  wolves — roaming  at  large  in  the  im¬ 
mense  forests  which  covered  the  country,  and 
so  abundant  as  to  supply  them  with  food  and  the 
means  of  buying  the  few  articles  they  stood  in 
need  of.  Strabo  adds  that  the  Gauls  had  similar 
manners,  and  that  to  know  them  it  required  but 
to  contemplate  the  Germans  of  his  time.  When 
Caesar  landed  in  England  he  found  that  the  Brit¬ 
ons  inhabiting  Kent  possessed  much  the  same 
manners  and  customs  as  the  Gauls ;  they  did  not 
till  the  land ;  they  subsisted  on  a  milk  diet  and  on 
flesh,  and  were  clad  in  skins.  They  painted  their 
bodies  blue  in  order  to  strike  terror  into  their 
enemies,  and  had  their  wives  in  common  by 
groups  of  ten  or  twelve,  including  brothers, 
fathers  and  sons.*  In  Europe  and  elsewhere 
the  point  of  departure  is  the  same. 

The  widest  equality  reigned  among  these  bar¬ 
barians,  who  were  all  warriors  and  hunters,  and 
whose  manners  and  usages  tended  to  preserve  this 
heroic  equality.  When  they  settled  and  began 
to  practice  a  rude  kind  of  agriculture,  they  under¬ 
took  warlike  expeditions  for  the  purpose  of  keep¬ 
ing  up  the  exercise  of  fighting.  A  war  chief  of 
renown  needed  but  to  announce  that  he  was  start¬ 
ing  on  a  campaign  to  see  warriors  flock  to  him, 
eager  for  spoils  and  glory.  During  the  expedi¬ 
tion  they  owed  him  obedience,  as  did  the  Greek 
warriors  to  Agamemnon,  but  they  ate  at  the  same 
table  and  banqueted  with  him  without  distinction 
of  persons,  and  the  booty  was  divided  equally  and 
by  lot.  Back  again  in  their  villages,  they  recovered 


*“De  Bello  Galileo,”  V.,  sec.  14. 


FEUDAL  PROPERTY  81 

their  independence  and  equality,  and  the  war  chief 
lost  his  authority. 

It  is  in  this  free  and  equal  fashion  that  the  Scan¬ 
dinavians,  and  in  fact  all  barbarians,  organized 
their  expeditions.  These  piratical  manners  pre¬ 
vailed  during  the  whole  of  the  middle  ages ;  when 
William  the  Conqueror  and  Pope  Innocent  III. 
wanted  to  levy  an  army  against  the  English  and 
the  Albigenses,  it  was  only  necessary  for  them  to 
promise  a  division  of  the  spoils  taken  from  the 
vanquished.  Before  the  battle  of  Hastings,  just 
as  the  troops  were  about  to  engage  in  fight,  Wil¬ 
liam,  with  a  loud  voice,  called  out  to  his  soldiers : 
“Fight  bravely  and  put  all  to  death ;  if  we  win, 
we  shall  all  be  rich ;  what  I  get,  you  shall  get ;  if 
I  conquer,  you  will  conquer ;  if  I  obtain  the  land, 
you  will  obtain  it.”  His  Holiness,  the  Pope,  used 
similar  language  on  the  10th  of  March,  in  the 
year  1208,  on  stirring  up  the  faithful  to  fight  the 
heretic  Albigenses :  “Up  now,  soldiers  of  Christ ; 
root  out  impiety  by  every  means  that  God  may 
have  revealed  to  you  (the  means  that  the  Lord 
had  revealed  were  fire,  rapine,  and  murder),  drive 
out  of  their  castles  the  Earl  of  Toulouse  and  his 
vassals,  and  seize  upon  their  lands,  that  the  ortho¬ 
dox  Catholics  may  be  established  in  the  dominions 
of  the  heretics.”  The  Crusades  which  launched 
the  warriors  of  Europe  on  the  East  were  similarly 
organized,  having  the  delivery  of  the  Holy  Sepul¬ 
chre  for  pretense  and  plunder  for  object.* 

*A  celebrated  bourgeois  economist,  M.  de  Molinari,  has  inno¬ 
cently  compared  the  financial  enterprises  of  our  times  with  the 
predatory  expeditions  of  the  Middle  Ages.  Both,  indeed,  aim  at 
plunder,' but  with  this  difference,  that  whereas  the  feudal  warrior 
staked  his  life,  the  capitalists  who  gnaw,  rat-like,  at  the  10  and  20 
per  cent  Interest,  risk  their  capital  alone,  which  they  have  taken 
good  oare  not  io  create. 


82 


FEUDAL  PROPERTY 


,  When  rhe  barbarians,  in  quest  of  territory,  had 
conquered  a  country,  they  either  put  the  inhabit¬ 
ants  to  death  (as  the  Hebrews  did,  by  Divine 
order),  or  contented  themselves  with  ransacking 
the  towns ;  they  settled  in  the  country,  which  they 
set  about  cultivating  in  their  own  way,  and  al¬ 
lowed  the  vanquished  to  live  alongside  of  them 
according  to  their  own  customs  and  usages.  But 
when  they  became  sedentary  and  cultivators  of 
the  land,  they  little  by  little  lost  their  warlike 
habits,  although  some  of  them  remained  invinci¬ 
bly  attached  to  the  primitive  manners.  The  Ger¬ 
mans  observed  by  Tacitus  had  already  lost  some 
of  their  savage  fierceness ;  they  had  established 
themselves  and  become  addicted  to  agriculture ; 
the  tribe  of  the  Catti,  however,  were  dedicated  to 
war.  Always  in  the  forefront  of  battle,  they  occu¬ 
pied  the  most  dangerous  posts ;  they  possessed 
neither  houses  nor  lands,  nor  had  they  cares  of 
any  sort.  Wherever  they  presented  themselves 
they  were  entertained.  These  warriors  formed  a 
kind  of  standing  army,  charged  with  defending 
those  of  their  countrymen  who  were  engaged  in 
agricultural  pursuits. 

But  no  sooner  had  the  invading  barbarians  es¬ 
tablished  themselves  and  lost  their  native  vigor 
than  other  barbarians  pounced  upon  them  as  on 
an  easy  prey,  and  treated  them  like  a  conquered 
people.  During  many  centuries  compact  masses 
of  barbarians  overran  Europe :  in  the  east,  the 
Goths,  Germans,  and  Huns;  in  the  north  and 
west,  the  Scandinavians ;  in  the  south,  the  Ara¬ 
bians  ;  desolating  the  towns  and  country  in  their 
passage.  And  when  from  east  and  north  and 


FEUDAL  PROPERTY 


83 


south  this  human  flood  had  ceased  to  pour  down 
into  Europe,  and  when  the  barbarians  had  lost 
their  nomadic  habits  and  resumed  the  work  of 
civilization  which  they  had  arrested  and  frus¬ 
trated,  there  was  unloosed  another  scourge  ;  bands 
of  armed  men  overspread  the  country,  plundering 
and  ransacking  and  levying  contributions  on  every 
side;  the  battle  over,  the  soldiers  of  the  hostile 
armies  fraternized  and  started  on  an  expedition 
on  their  own  account.* 

During  many  centuries  people  lived  in  continual 
fear  of  robbery,  kidnaping  and  murder.  The  in¬ 
vasions  of  the  barbarians  that  ruined  and  dis¬ 
organized  the  country  did  not  prevent  the  tribes 
already  settled  from  quarreling  among  them¬ 
selves.  These  constant  internecine  quarrels  ren¬ 
der  barbarian  nations  powerless  in  the  face  of 
strangers;  they  are  unable  to  stifle  their  clan 
hatreds  and  their  village  feuds  in  front  of  a  com¬ 
mon  enemy.  Tacitus,  intent  solely  on  the  suprem¬ 
acy  of  the  Romans,  adjured  the  gods  to  foment 
this  disastrous  discord ;  for,  said  he,  “fortune  can 
bestow  no  higher  benefit  on  Rome  than  the  dissen¬ 
sions  of  her  enemies.”t 

The  inhabitants  of  the  towns  and  provinces 
were  constrained,  for  safety’s  sake,  to  live  in 

•After  the  battle  of  Poictiers  (1356)  the  soldiers,  being  ont  of 
employment,  associated  and  made  war  on  their  own  behalf.  In 
1360,  after  the  Treaty  of  Bretigny,  which  restored  King  John  of 
France — a  prisoner  in  England — to  liberty,  the  soldiers  of  the  two 
armies  were  dismissed.  They  formed  themselves  into  bands  and 
took  the  field.  One  band  operated  in  the  north,  another,  and  mora 
considerable  one,  commanded  by  Talleyrand  Perigord,  descended  into 
the  valley  of  the  Rhone,  and  after  having  ravaged  La  Provence 
passed  through  Avignon — where  the  Pope  regaled  the  chiefs  and 
gave  absolution  and  a  present  of  500,000  ducats  to  the  soldiers— 
eansacking  the  towns  and  laying  waste  the  country. 

t‘‘Germania.”  1,  sec.  xxvlii. 


84 


FEUDAL  PROPERTY 


fortified  places.  The  charters  of  Auvergne  of  the 
11th  and  12th  centuries  designate  such  villages 
by  the  term  of  castra  (camp).  In  the  towns  and 
boroughs  houses  were  constructed  in  view  of  the 
necessity  of  sustaining  a  siege. 

The  village  collectivities  which,  at  the  outset, 
were  composed  almost  exclusively  of  individuals 
belonging  to  the  same  clan,  and  consequently 
equals,  elected  chieftains  charged  with  their  de¬ 
fense,  who  eventually  came  to  gather  into  their 
hands  the  several  rights  of  jurisdiction,  of  settling 
differences,  of  interpreting  the  customs,  and 
maintaining  order.  The  Franks  in  their  barbar¬ 
ous  Latin  called  such  a  chieftain  grafUo,  from 
graf,  the  German  for  count.  The  elected  chiefs 
of  the  village  collectivities  are  the  feudal  barons 
in  embryo. 

In  the  beginning  they  were  simply  public  offi¬ 
cers  subjected  to  the  authority  of  the  council  of 
the  elders  and  the  popular  assemblies,  and  with 
the  execution  of  whose  decisions  they  were 
charged ;  they  were  severely  punished  for  every 
neglect  of  duty.*  The  graffio  of  the  Frankish 
tribes  who  omitted  to  expel  a  stranger  whose 
expulsion  had  been  voted  by  the  assembly  was 
amerced  in  a  fine  of  200  gold  solidi.  ( Lex  Salica.) 
This  was  exactly  the  sum  assessed  as  composition 
for  murder.  (Were gild). 

*The  customary  of  Beam  began  with  a  haughty  declaration  of  inde¬ 
pendence.  “These  are  the  customs  of  Bearn,  which  show  that  of  old 
there  existed  no  lords  in  Beam.  But  the  inhabitants,  hearing  praise 
of  a  knight  of  Bigorre,  set  forth  in  quest  of  him  and  made  him  a 
lord  for  the  space  of  one  year.  But  he  being  unwilling  to  conform 
to  the  customs ;  the  popular  assembly  of  Pau  summoned  him  to 
respect  the  customs  ...  he,  refusing  to  obey,  was  killed  In  the 
asaembly.” 


FEUDAL  PROPERTY 


85 


The  powers  which  were  at  a  later  date  to  be¬ 
come  the  appanage  of  the  feudal  lords,  belonged 
to  the  community  met  in  full  assembly.  ( Folk - 
moote.)  All  of  the  inhabitants  were  bound  to  at¬ 
tend  in  arms,  under  penalty  of  a  fine;  certain 
village  collectivities  possessed  serfs,  as,  later  on, 
did  the  lords. 

The  laws  of  Wales,  collected  in  940,  by  order 
of  King  Hoel-Du,  and  published  in  1841  by  A. 
Owen,  indicate  the  mode  of  election  and  the 
qualities  and  the  functions  of  these  village  chiefs 
which  do  not  substantially  differ  from  those  of 
the  barbarian  war-chief.  The  chief  of  the  clan  was 
chosen  by  all  the  heads  of  families  having  wives 
and  legitimate  offspring,  and  he  held  his  office  for 
life;  among  certain  peoples  his  functions  were 
temporary  and  revocable.  It  was  imperative  “that 
he  should  speak  on  behalf  of  his  kin  and  be 
listened  to ;  that  he  should  fight  on  behalf  of  his 
kin  and  be  feared ;  that  he  should  be  security  on 
behalf  of  his  kin  and  be  accepted.”  When  he 
administered  justice  he  was  assisted  by  the  seven 
oldest  villagers ;  under  his  orders  stood  an 
avenger,  charged  with  executing  vengeance ;  for 
justice  at  that  epoch  was  but  revenge — the  lex 
talionis — blow  for  blow,  wound  for  wound.  On 
the  first  alarm,  after  the  clamor,  called  haro  by 
the  Normans  and  biafor  by  the  Basques,  the  in¬ 
habitants  were  bound  to  issue  forth  from  their 
houses,  in  arms,  and  place  themselves  under  their 
chieftain’s  command;  he  was  the  military  chief, 
to  whom  all  owed  fidelity  and  obedience.  Who¬ 
ever  failed  to  respond  to  his  appeal  was  fined. 
In  certain  boroughs  we  find  a  military  organiza- 


86 


FEUDAL  PROPERTY 


tion,  e.  g.,  at  Tarbes  the  inhabitants  were  formed 
into  tithings  having  at  their  head  a  tithing-man, 
whose  office  it  was  to  see  that  all  the  men  were 
armed  and  that  their  arms  were  in  good  condi¬ 
tion.* 

All  functions  amongst  barbarian  tribes  tend  to 
become  vested  in  certain  families;  the  weaver’s, 
smith’s,  priest’s,  and  magician’s  callings  are 
handed  down  from  father  to  son ;  it  is  in  this  way 
that  castes  arise.  The  chief,  charged  with  the 
maintenance  of  order  at  home  and  the  duty  of 
defense  abroad,  was  chosen  out  of  the  body  of  the 
inhabitants ;  but  little  by  little  it  became  the  habit 
to  choose  him  out  of  the  same  family,  which,  ulti¬ 
mately,  itself  designated  the  chief  of  the  commu¬ 
nity  and  omitted  the  formality  of  an  election.  It 
would  be  erroneous  to  suppose  that  in  the  begin¬ 
ning  the  chieftainship  carried  with  it  any  special 
privilege;  so  far,  indeed,  was  chieftainship  from 
being  coveted,  that  the  man  elected  by  the  com¬ 
munity  was  made  liable  to  a  fine  if  he  refused  to 
accept  the  charge.  At  Folkestone,  if  either  the 
mayor  or  any  of  the  jurats  refused  to  assume  their 
respective  offices  upon  being  elected,  “the  com¬ 
moners  were  to  go  and  beat  down  their  principal 
messuage.”  At  Hastings  it  was  a  law  that  “if 
the  bailiff  will  not  accept  the  charge  all  the  com¬ 
moners  shall  go  and  beat  down  his  tenement.”-!- 

Greatness  was  dangerous :  the  Scandinavians, 
in  great  calamities — in  a  pressing  famine,  for  ex¬ 
ample — sacrificed  their  king,  as  the  highest  price 

•L.  Deyllle,  “Etudes  historiques  sur  Tarbes.”  Bulletin  d*  la 
Societe  Academique  des  Hautes  Pyrenees,  sixlgme  annee,  deni 
llyraison.  1861. 

tGomme,  “Village  Communities,”  p.  254. 


FEUDAL  PROPERTY 


87 


with  which  they  could  purchase  the  Divine  favor. 
In  this  manner  the  first  king  of  Vermaland,  a 
province  of  Sweden,  was  burnt  in  honor  of  Odin, 
to  put  an  end  to  a  great  dearth.  Earl  Hakon,  of 
Norway,  offered  his  son  in  sacrifice  to  obtain  of 
Odin  the  victory  over  the  Jomsburg  pirates,  and 
Gideon  immolated  his  daughter  to  Jehovah  for  a 
similar  reason. 

The  Indian  village  communities  observed  in  our 
day  have,  for  public  officers,  weavers,  smiths, 
schoolmasters,  brahmins,  dancers,  etc.,  who  are 
in  the  service  of  the  community,  which  rewards 
them  by  a  lodging,  an  allowance  of  grain,  and  the 
allotment  of  a  plot  of  land  cultivated  by  the 
villagers.* 

“In  early  Greece  the  demiurgoi  seem  to  be  the 
analogues  of  these  Hindoo  officials.  Homer  men¬ 
tions  the  herald,  the  prophet,  the  bard,  all  of 
whom,  although  we  cannot  trace  their  exact  posi¬ 
tion,  appear  to  have  exercised  some  kind  of  pub¬ 
lic  function.  Among  the  Keltic  clans  similar 
classes  are  known  to  have  existed.”! 

The  chiefs  elected  by  the  village  collectivities 
were  treated  in  the  same  way  as  the  officers  of  the 
Hindoo  villages :  their  companions,  in  reward  of 
their  services,  allotted  them  a  larger  share  of  land 
than  to  the  rest  of  the  inhabitants.  Thus,  in  the 
borough  of  Malmesbury,  the  alderman,  who  was 


‘These  pieces  of  land  frequently  bear  the  name  of  the  trade  of 
the  exercise  of  which  they  were  the  reward.  “There  are,”  says 
Maine,  “several  English  parishes  in  which  certain  pieces  of  land 
in  the  comomn  field  have  from  time  immemorial  been  known  by  the 
name  of  a  particular  trade ;  and  there  is  often  a  popular  belief  that 
nobody  not  following  the  trade  can  legally  be  the  owner  of  the  lot 
associated  with  it.” 

tDr.  Hearn,  “Aryan  Households,”  p.  150. 


88 


FEUDAL  PROPERTY 


the  chief  man,  was  annually  granted  a  piece  of 
land,  known  as  the  “Alderman’s  kitchen,”  ip  order 
that  he  might  devote  himself  exclusively  to  the 
discharge  of  his  office ;  his  fields  were  cultivated 
by  the  commoners,  who  allowed  him  a  share  in 
their  harvest  and  live  stock.* 

At  the  outset  no  special  distinction  marks  out 
the  elected  chief ;  but  the  practice  of  continuously 
choosing  him  in  the  same  family  ended  by  creat¬ 
ing  a  privilege  that  was  changed  into  a  hereditary 
right ;  the  head  of  the  privileged  family  became, 
by  right  of  succession,  and  without  requiring  to 
submit  to  an  election,  the  natural  chief  of  the 
village.  The  royal  authority  had  no  other  origin 
than  this  in  the  Frankish  tribes.  The  leudes  must 
be  the  heads  of  the  families  of  the  clan  which  are 
charged  with  furnishing  the  military  chieftains ; 
just  as,  among  the  Hebrews,  the  tribes  of  Levy 
must  furnish  the  priests.  They  resided  with  the 
king  and  were  partakers  of  the  royal  councils ; 
upon  occasions  they  resisted  him  and  even  offered 
him  violence ;  it  was  these  leudes  who  elected  the 
king,  whose  functions  became  hereditary. 

The  village  collectivities  were  perpetually  at 
war  with  one  another ;  in  the  partitions  of  the  con¬ 
quered  lands  the  share  of  the  chieftain  and  his 
family  was,  doubtless,  more  considerable  than  that 
of  the  commoners ;  to  the  privilege  of  birth  was 
gradually  superadded  that  of  property. 

On  electing  the  village  chief,  the  choice  fell,  we 

•“The  Basutos  assemble  every  year  to  dig  up  and  sow  the  field 
appropriated  for  the  personal  maintenance  of  their  chief’s  first 
wife.  Hundreds  of  men,  in  a  straight  line,  raise  and  lower  their 
mattocks  simultaneously  and  with  perfect  regularity.  The  entire 
village  concurs  in  the  maintenance  of  the  chieftain.”  Casalis, 
‘‘The  Basutos.” 


FEUDAL  PROPERTY 


89 


may  presume,  on  the  owner  of  the  most  spacious 
dwelling-house,  affording  the  greatest  facilities  of 
defense  and  the  best  place  of  refuge  for  the 
peasants  on  an  emergency.  This  strategical  ad¬ 
vantage,  which,  originally,  may  have  been  a  mat¬ 
ter  of  accident,  came  to  be  a  condition  exacted 
from  every  chieftain ;  in  the  Indian  villages  be¬ 
yond  the  border  the  burj,  or  watch  tower,  is  al¬ 
ways  attached  to  the  house  of  the  chief,  and  in 
constant  use  as  a  place  of  refuge  and  observation. 
During  the  feudal  period  every  lord  was  bound 
to  possess  a  castle  or  fortified  house  having  a 
courtyard  protected  by  moats  and  drawbridges,  a 
large  square  tower  and  a  grist  mill,  to  enable  the 
peasants  to  shelter  their  crops  and  cattle,  grind 
their  corn  and  organize  their  defense.  The  chief¬ 
tain’s  dwelling-house  was  considered  as  a  sort  of 
common  house,  and  actually  became  such  in  times 
of  danger.  The  members  of  the  village  collectivi¬ 
ties  applied  themselves  to  repairing  and  fortifying 
it,  surrounding  it  with  walls  and  trenches ;  it  was 
the  custom  for  the  members  of  a  village  to  aid  in 
the  construction  and  repair  of  the  houses  of  all 
the  inhabitants  without  distinction.  This  custom 
is  the  origin  of  the  right  possessed  by  the  feudal 
lord  “to  compel  his  vassals  and  tenants  to  con¬ 
tribute  towards  the  construction  of  the  fortifica¬ 
tions  in  time  of  war.”  And  the  commentary  of 
the  feudal  writer  indicates  the  origin  of  the  right. 
“And  as  these  fortifications  serve  alike  for  the 
security  of  the  country  and  the  towns,  the  safety 
of  persons,  and  the  conservation  of  property,  non¬ 
residents  owning  lands  in  the  locality  are  bound 
to  contribute  towards  the  same.” 


90 


FEUDAL  PROPERTY 


The  barbarians,  who  were  more  of  warriors 
than  of  cultivators,  defended  their  houses  and 
villages  themselves  ;  on  the  first  alarm  they  rushed 
forth  in  battle  array  and  placed  themselves  under 
the  command  of  the  chieftain,  to  assist  him  in 
beating  back  the  aggressors ;  in  the  watch  tower 
they  mounted  guard  by  day  and  watched  at  night ; 
in  many  places  the  lord  retained  the  right  to  exact 
from  his  vassals  this  service  of  watch  and  ward. 
But  when  agricultural  habits  began  to  get  the 
upper  hand,  the  peasants  commuted  this  military 
service,  which  interfered  with  their  pursuits, 
into  a  tribute  to  the  chief ;  on  condition  that  he 
should  maintain  a  body  of  men-at-arms,  charged 
exclusively  with  the  work  of  protection  and  de¬ 
fense.  A  proportion  of  every  fine  imposed  on  a 
delinquent  was  reserved  for  the  chieftain  and  his 
men-at-arms.  The  chief  was  thus  placed  in  a 
position  to  maintain  an  armed  force  which  finally 
enabled  him  to  impose  his  will  and  dominate  his 
ancient  companions. 

The  village  built  in  the  best  strategical  positions 
became  a  centre ;  in  the  event  of  invasion  the  in¬ 
habitants  of  the  adjacent  villages  flocked  to  it  for 
refuge,  and  in  return  for  the  protection  afforded 
them  in  the  hour  of  danger  they  were  called  on  to 
contribute  towards  the  costs  of  repairing  the 
fortifications  and  maintaining  the  men-at-arms. 
The  authority  of  these  village  chiefs  extended  to 
the  surrounding  country. 

In  this  natural  manner  were  generated  in  the 
collectivist  villages,  all  of  whose  members  were 
equal  in  rights  and  duties,  the  first  elements  of 
feudalism ;  they  would  have  remained  stable  dur- 


FEUDAL  PROPERTY 


91 


ing  centuries,  as  in  India,  but  for  the  impulse  of 
external  events  which  disturbed  them  and  infused 
them  with  new  life.  Wars  and  conquests  de¬ 
veloped  these  embryonic  germs,  and  by  agglom¬ 
erating  and  combining  them,  built  up  the  vast 
feudal  system  diffused  during  the  Middle  Ages, 
over  Western  Europe. 

What  in  modern  times  has  taken  place  in  India 
helps  us  to  realize  the  role  of  conquest  in  trans¬ 
forming  the  village  chieftain  into  the  feudal 
baron.  When  the  English,  established  along  the 
sea  coasts,  extended  their  dominion  inland,  they 
were  brought  into  contact  with  villages  organized 
in  the  maner  described  above ;  every  agricultural 
group  was  commanded  by  a  peasant,  the  head¬ 
man,  who  spoke  in  its  name,  and  negotiated  with 
the  conquerors.  The  English  authorities  did  not 
trouble  to  inquire  into  the  origin  and  precise  na¬ 
ture  of  his  powers,  or  of  the  office  held  by  him  in 
the  community  ;  they  preferred  to  take  for  granted 
that  he  was  the  master  of  the  village  of  which  he 
was  but  the  represehtative,  and  to  treat  him  as 
such ;  they  enhanced  and  solidified  his  authority 
by  all  the  weight  conferred  by  the  right  of  the 
strongest,  and  on  divers  occasions  assisted  the 
head-man  in  oppressing  his  quondam  companions, 
and  despoiling  them  of  their  rights  and  posses¬ 
sions. 

The  mediaeval  conquerors  acted  in  an  analogous 
fashion;  they  confirmed  the  local  chiefs  in  their 
possession  of  those  posts  in  the  villages  which 
were  too  unimportant  to  be  bestowed  as  benefices 
on  their  liegemen,  and,  in  return,  made  them 
responsible  for  the  levying  of  the  taxes  and  the 


92 


FEUDAL  PROPERTY 


conduct  of  their  dependents,  thereby  according 
them  an  authority  they  had  not  previously  pos¬ 
sessed  in  the  village  collectivities.  But  in  every 
strategical  place  they  installed  one  of  their  own 
warriors ;  it  was  a  military  post  which  they  con¬ 
fided  to  him ;  the  length  of  tenure  of  such  posts, 
called  benefices,  was  subject  to  variation;  at  first, 
they  were  revoked  at  pleasure,  afterwards  granted 
for  life,  and  ultimately  became  hereditary.  The 
beneficiary  tenants  took  advantage  of  circum¬ 
stances  to  turn  their  hereditary  possessions  into 
alodial  property,  i.  e.,  into  land  exempt  from  all 
obligations.  In  France  the  early  kings  were  re¬ 
peatedly  obliged  to  make  ordinances  against  this 
kind  of  usurpation.  “Let  not  him  who  holds  a 
benefice  of  the  emperor  or  the  church  convert 
any  of  it  into  his  patrimony,”  says  Charlemagne 
in  a  capitulary  of  the  year  803.  (Cap.  viii.,  s.  3.) 
But  such  ordinances  were  powerless  to  prevent 
the  conversion  of  military  chiefs  into  feudal 
barons.  It  may  be  said,  therefore,  that  the  feudal 
system  had  a  dual  origin ;  on  the  one  hand  it  grew 
out  of  the  conditions  under  which  the  village 
collectivities  evolved,  and  on  the  other  it  sprang 
from  conquest. 

The  feudal  barons,  whether  village-chiefs  trans¬ 
mogrified  by  the  natural  march  of  events,  or  mili¬ 
tary  chieftains  installed  by  the  conquerors,  were 
bound  to  reside  in  the  country  which  it  was  their 
duty  to  administer  and  defend.  The  territory  they 
possessed  and  the  dues  they  received,  in  the  shape 
of  labor  and  tithes,  were  the  recompense  of  ser¬ 
vices  rendered  by  them  to  the  cultivators  placed 
under  their  jurisdiction.  The  barons  and  their 


FEUDAL  PROPERTY 


93 


men-at-arms  formed  a  permanent  army,  nourished 
and  maintained  by  the  inhabitants  whom  they 
directly  protected.* 

.  The  baron  owed  justice,  aid,  and  protection  to 
his  vassals,  and  these,  in  their  turn,  owed  fidelity 
and  homage  to  their  lord.  At  every  change,  con¬ 
sequent  on  the  death  of  either  lords  or  vassals, 
the  vassal  was  bound,  within  a  space  of  40  days, 
to  repair  to  the  principal  manor — there  and  not 
elsewhere,  to  indicate  that  he  only  swore  fealty 
prospectively  to  a  refuge  in  the  baron’s  castle ;  if 
the  lord  was  absent  and  had  left  no  representative, 
the  vassal  made  a  vow  of  fealty  in  front  of  the 
manor-door,  and  caused  the  fact  to  be  entered  on 
the  records.  He  was  bound  to  come  with  his 
head  uncovered  and  his  belt  ungirt,  without  sword 
and  spurs,  and  to  kneel  down  with  his  hands 
joined.  The  lord,  in  accepting  his  oath,  took  his 
vassal’s  hands  into  his  own,  in  token  of  union  and 
protection.  The  vassal  thereupon  enumerated  the 
lands  and  dependencies  which  he  placed  under  the 
safeguard  of  his  lord ;  in  early  times  he  brought 
with  him  a  clod  of  turf  from  his  fields.  Occasion¬ 
ally,  too,  the  lord  was  the  first  to  take  his  engage¬ 
ments  toward  his  vassals.  In  the  Fors  de  Bigorre 
(customary  of  Bigorre),  it  is  said  that  the  Comte 
de  Bigorre,  “before  receiving  the  oath  of  the  in¬ 
habitants  of  the  land,  delegated  to  that  effect, 
shall  himself  take  the  oath  that  he  will  change 
nothing  in  the  ancient  customs,  nor  in  such  as  he 
shall  find  the  people  in  possession  of ;  he  must 

•In  the  Romance  languages  the  original  name  of  the  feudal  lord, 
the  term  baron,  signified  a  strong  man,  a  doughty  warrior,  which 
well  indicates  the  essentially  military  character  of  feudalism. 
Vassal  similarly  bore  the  sense  of  brave,  valiant. 


94 


FEUDAL  PROPERTY 


have  his  oath  confirmed  by  that  of  four  nobles  of 
his  domain.” 

The  vassal  owed  military  service  to  his  lord 
“when  a  foreign  army  had  invaded  his  territory, 
when  he  wanted  to  deliver  his  besieged  castle,  or 
when  he  set  out  on  a  declared  war” — a  war,  that 
is  to  say,  entered  upon  in  the  interests  of  the  in¬ 
habitants.  But,  although  closely  bound  to  him, 
the  vassal  might  abandon  his  lord  in  certain  cases 
specified  in  the  capitularies  of  the  years  813  to 
816,  to  wit,  if  his  lord  had  sought  to  kill  him  or 
reduce  him  to  slavery,  beaten  him  with  a  stick  or 
sword,  dishonored  his  wife  or  daughter,  or  robbed 
him  of  his  patrimony. 

So  soon  as  the  authority  of  the  feudal  nobility 
was  constituted,  it  became,  in  its  turn,  a  source 
of  trouble  to  the  country  whose  defense  it  had 
been  charged  with.  The  barons,  in  order  to  en¬ 
large  their  territories  and  extend  their  power, 
carried  on  continual  warfare  among  themselves, 
only  interrupted  now  and  again  by  a  short  truce 
necessitated  by  the  tillage  of  the  fields.  The  wars 
of  the  barons  may  be  compared  to  the  industrial 
and  commercial  competition  of  modern  times. 
The  outcome  is  the  same;  both  alike  culminate  in 
the  concentration  of  property,  and  the  social  su¬ 
premacy  which  it  bestows.  The  vanquished,  when 
not  killed  outright  or  utterly  despoiled,  became 
the  vassals  of  the  conqueror,  who  seized  upon  a 
portion  of  their  lands  and  vassals.  The  petty 
barons  disappeared  for  the  benefit  of  the  great 
ones,  who  became  potent  feudatories,  and  estab¬ 
lished  ducal  courts  at  which  the  lords  in  vassal- 
age  were  bound  to  attend. 


FEUDAL  PROPERTY 


95 


It  frequently  happened  that  the  barons  turned 
highwaymen,  who  plundered  the  fields  and  robbed 
the  towns  and  travelers;  they  deserved  the  epi¬ 
thets  of  gens-pille-hommes,  gens-tue-hommes 
(killers  and  pickers  of  men)  which  were  applied 
to  them  * 

The  towns  were  constrained  to  put  themselves 
under  the  safeguard  of  the  king  or  great  feuda¬ 
tories,  who  concentrated  the  lands  and  feudal 
power,  and  changed  the  barons  into  courtiers. 
But  in  proportion  as  the  petty  barons  disappeared, 
by  so  much  the  warfare  slackened  between  castle 
and  castle ;  a  measure  of  tranquillity  was  restored 
to  the  country,  and  the  necessity  for  feudal  pro¬ 
tection  ceased  to  be  paramount.  The  lords,  conse¬ 
quently,  were  in  a  position  to  absent  themselves 
from  their  domains  and  to  betake  themselves  to 
the  ducal  and  royal  courts ;  thither  they  went  to 
play  the  courtier,  and  ceased  to  act  as  defenders 
of  their  vassals  and  dependents.  From  the  hour 
that  the  cultivator  no  longer  stood  in  need  of  mili¬ 
tary  service,  the  feudal  system  had  no  reason  to 
exist.  Feudalism,  born  of  warfare,  perished  by 
warfare ;  it  perished  by  the  very  qualities  which 
had  justified  its  existence. 

•Vitry,  the  legate  of  Innocent  III,  who  in  Germany  and  Bel¬ 
gium  preached  the  crusade  against  the  Albigenses  (in  1208),  writes: 
“The  lords,  despite  their  titles  and  dignities,  continue  to  sally 
forth  for  prey  and  to  play  the  robber  and  brigand,  desolating  entire 
regions  by  Are.”  The  manners  of  the  clergy  were  neither  better 
nor  worse.  The  Archbishop  of  Narbonne,  at  the  end  of  the  twelfth 
century,  strolled  about  the  fields  with  his  canons  and  archdeacons, 
hunting  the  wild  beasts,  plundering  the  peasants,  and  violating  the 
women.  He  had  in  his  pay  a  band  of  Aragonese  routiers  wbom  he 
employed  to  ransack  the  country.  The  bishops  and  abbots  loved 
mightily,  sings  a  troubadour,  “fair  women  and  red  wine,  fine 
horses  and  rich  array ;  living  in  luxury,  whereas  our  Lord  was  con¬ 
tent  to  live  in  poverty.” 


96 


FEUDAL  PROPERTY 


But  so  long  as  the  feudal  system  subsisted, 
there  remained  traces  of  the  primitive  equality 
which  had  been  its  cradle,  even  though  every 
vestige  had  disappeared  of  the  equality  which  had 
distinguished  the  relations  of  the  lord  with  his 
tenants  and  vassals.  The  feudal  lord  and  the 
vassal  became  co-equals  once  again  in  the  com¬ 
munal  assemblies  which  discussed  the  agricultural 
interests  alike  of  the  villager  and  the  lord ;  the 
assemblies  met  without  his  sanction,  and  despite 
his  unwillingness  to  convoke  them.  His  com¬ 
munal  rights  were  as  limited  as  those  of  the  rest 
of  the  inhabitants ;  the  heads  of  cattle  he  was  en¬ 
titled  to  send  to  pasture  on  the  commons  were 
strictly  prescribed.  Delisle,  in  his  interesting 
study  of  the  agricultural  classes  of  Normandy, 
cites  texts  which  show  the  limitation  of  his  rights, 
e.  g.,  the  Seigneur  de  Bricqueville  was  entitled  to 
send  only  two  oxen  and  one  horse  to  graze  on  the 
meadows.  He  was  so  far  from  being  privileged 
that  as  La  Poix  de  Fremenvilie,  the  great  feudal 
jurist,  informs  us,  “The  lord  who  possesses  no 
cattle  of  his  own  is  not  allowed  to  introduce  any 
strange  cattle,  whether  by  letting  on  lease,  selling, 
or  even  lending  gratis  his  rights  of  common.” 

Ill 

The  origin  of  ecclesiastical  property  is  analo¬ 
gous  to  that  of  seignorial  property.  In  those  tur¬ 
bulent  times  men  fled  for  protection  to  the  Church 
no  less  than  to  the  baron’s  castle ;  the  priestly 
power,  indeed,  far  outweighed  that  of  the  baron ; 
it  was  the  priest  who  held  the  key  of  paradise. 


FEUDAL  PROPERTY 


97 


Men  will  their  goods  to  the  Church  on  their 
death  beds  in  theTiope  of'  securing  a  seat  in  para¬ 
dise ;  this  custom,  which  was  voluntary  at  the 
outset,  became  so  general  that  it  ended  by  being 
imposed  as  an  obligation.  ‘Wny  person  dying 
without  leaving  a  part  of  his  possessions  to  the 
Church — which  was  termed  dying  deconfes — was 
debarred  from  communion  and  sepulture.  If  a 
man  died  intestate  his  relations  had  to  appeal  to 
the  bishops  to  appoint  arbiters,  who  conjointly 
with  themselves  fixed  the  amount  which  the  de¬ 
funct  ought  to  have  bequeathed  if  he  had  made 
a  testament.”* 

The  fear  of  the  end  of  the  world  in  the  mil¬ 
lennium  contributed  to  multiply  the  donations  to 
the  priests  and  monasteries,  for  where  was  the 
use  of  keeping  one’s  lands  and  chattels,  when 
men  and  beast  were  about  to  perish,  and  the  hour 
of  judgment  was  at  hand?  But  when  the  year 
1000  had  passed  away  without  any  sort  of  cata¬ 
clysm,  people  recovered  from  their  fright,  and 
bitterly  regretted  having  parted  with  their  be¬ 
longings  during  their  lifetime.  With  a  view  to 
intimidating  the  good  people  who  demanded  the 
restitution  of  their  goods,  the  Church  had  re¬ 
course  to  anathemas  and  malisons.  The  cartu¬ 
laries  of  the  period  abound  with  formulas  of 
maledictions  calculated  to  strike  terror  into  the 
hearts  of  the  donator  and  his  relations ;  here  is 
a  sample  of  the  imprecations  which  frequently 
recur  in  the  records  of  Auvergne.  “If  a  stranger, 
if  any  of  your  relations,  if  your  son  or  your 
daughter  should  be  insensate  enough  to  contest 


•Montesquieu,  “L’Esprit  des  lois.” 


98 


FEUDAL  PROPERTY 


this  donation,  to  lay  hands  upon  the  goods  dedi¬ 
cated  to  God  and  consecrated  to  His  saints,  may 
they  be  struck,  like  Herod,  with  an  awful  wound, 
may  they,  like  Dathan,  Abiram,  and  Judas,  who 
sold  the  Lord,  be  tortured  in  the  depths  of  hell.”* 

But  the  property  of  the  Church  was  derived, 
also,  from  other  less  turbid  sources :  men  gave 
away  their  possessions  and  even  their  persons  in 
exchange  for  her  temporal  protection.  “The 
major  part  of  the  acts  of  voluntary  slavery  (ob- 
noxatio),”  says  Guerard,+  “were  prompted  by  the 
spirit  of  devotion,  and  by  the  indulgence  practiced 
by  the  bishops  and  abbots  towards  their  serfs,  and 
by  the  benefits  which  the  law  accorded  them.” 
The  serfs  and  vassals  of  the  Church  and  monas¬ 
teries  enjoyed  equal  privileges  with  those  belong¬ 
ing  to  the  king;  they  were  entitled  to  a  threefold 
compensation  in  case  of  injury,  damage,  or  death. 
The  king  and  the  Church  undertook  to  prosecute 
the  culprit,  whereas,  ordinarily,  that  was  the  busi¬ 
ness  of  the  family  of  the  injured  person. 

The  convents  were  fortified  places  able  to  sus¬ 
tain  regular  sieges,  and  the  monks  were  experts 
in  the  use  of  arms.  At  Hastings,  churchmen 
fought  on  both  sides ;  the  Abbey  of  Hida,  a  con¬ 
vent  situate  in  Winchester,  had  brought  Harold 
a  contingent  of  twelve  monks,  who  all  fell  fight¬ 
ing.  The  high  dignitaries  of  the  Church  were 
military  chieftains,  who  laid  down  their  cross  and 
chasuble  to  grasp  a  sword  and  don  a  cuirass. 
Many,  like  the  Bishop  of  Cahors,  when  they  offi- 

♦Cited  by  H.  P.  Rivi&re  in  his  “Histoire  des  Institutions  de 
1’ Auvergne,”  1874. 

tB.  Gufirard,  “Polyptique  de  l’Abbe  Irminon,”  section  145. 


FEUDAL  PROPERTY 


99 


dated,  solemnly  deposited  on  the  altar  their 
casque,  cuirass,  sword,  and  iron  gauntlet.  Roland 
at  Roncevalles  says  to  Oliver,  in  praise  of  Arch¬ 
bishop  Turpin : — 

“Li  arceves  ques  est  mult  bons  chevaliers : 

Nen  ad  meilleur  en  terre,  desuz  ciel, 

Bien  set  ferir  e  de  lance  e  d’espiet.” 

In  their  enthusiasm  for  his  prowess, 

“Dient  Francais:  ‘Ci  ad  grant  vasselage, 

En  l’arceves  que  est  bien  la  croce  salve, 

Kar  placet  Dieu  qu  ’assez  de  tels  ait  Carles’.”* 

During  the  feudal  period  the  clergy  alone 
possessed  instruction ;  this,  like  their  weapons, 
they  placed  at  the  service  of  the  parishioners  who 
maintained  them.  Many  a  time  they  interposed 
between  the  rural  populations  and  the  lords  who 
oppressed  them ;  just  as  in  Ireland,  nowadays,  the 
inferior  clergy  make  common  cause  against  the 
landlords  with  the  farmers  and  peasants  who  pro¬ 
vide  for  their  subsistence.  But  if  between  the  rural 
and  urban  populations  and  the  priests  there  sub¬ 
sisted  a  close  union,  the  clergy  were  often  at  war 
with  the  feudal  nobility.  If  in  their  fits  of  super¬ 
stitious  terror  and  feverish  piety  the  barons  were 
capable  of  stripping  themselves  of  a  portion  of 
their  lands  and  riches  in  favor  of  the  churches 
and  monasteries,  in  their  calmer  moments  they 
hankered  after  the  possessions  of  the  monks  and 

•“A  right  good  cavalier,  the  Archbishop, 

None  better  on  the  earth,  under  the  sky; 

Expert  in  fight  alike  with  lance  and  spear.” 

“The  French  cry  out:  ‘‘Here  be  great  bravery; 

The  Cross  is  in  safe  keep  with  the  Archbishop ; 

Would  God  that  Charles  had  more  knights  like  to  him  I” 


100 


FEUDAL  PROPERTY 


priests,  and  seized  the  first  opportunity  of  secur¬ 
ing  them. 

The  early  kings  and  military  chieftains  be¬ 
stowed  churches  and  monasteries  on  their  liege 
men  and  soldiers  as  rewards ;  from  the  8th  to  the 
11th  centuries  a  considerable  number  of  churches 
were  in  the  hands  of  laymen.  The  kings  of 
France  down  to  the  18th  century  had  conserved 
the  droit  de  regale,  which  entitled  them  to  all  the 
fruits  of  the  vacant  bishoprics.  When  Henry 
VIII.,  the  Bluebeard  of  English  story  and  the 
Supreme  Pontiff  of  England,  in  order  to  reform 
the  Church,  suppressed  not  fewer  than  645  mon¬ 
asteries,  90  colleges,  2,374  chantries  and  free 
chapels,  100  hospitals,  with  revenue  amounting 
to  two  millions  per  annum,  and  shared  the  plun¬ 
der  with  his  courtiers  and  concubines,  he  practiced 
on  a  larger  scale  what  all  his  predecessors  had 
done. 

The  nobility  and  clergy,  the  two  classes  who 
during  the  Middle  Ages  struggled  for  supremacy, 
discharged  important  and  necessary  functions ; 
the  tithes  and  socage-duty  they  received  were  the 
price  of  the  services  they  rendered. 

IV 

The  feudal  burdens  outlasted  the  feudal  barons, 
who  vanished  when  they  had  grown  useless  ;  these 
dues  became  the  appanage  of  nobles,  often  of 
middle  class  origin,  who  did  not  render  the 
services  of  which  these  dues  had  been  the  meed. 
Violently  attacked  by  the  bourgeois  writers,  and 
energetically  defended  by  the  feudists,  they  were 


FEUDAL  PROPERTY 


101 


definitely  suppressed  in  France  by  the  revolution 
of  1789.  The  earlier  English  revolution  which 
established  bourgeois  authority,  the  House  of 
Commons  by  the  side  of  the  House  of  Lords,  has 
allowed  a  number  of  feudal  privileges  to  subsist 
which  are  anarchronisms  at  a  time  when  the 
aristocratic  or  landed  classes  are  simply  a  wing 
of  the  “great  middle  class”  in  every  sense  of  the 
word. 

The  political  economists  and  liberal  bourgeois 
of  this  century,  instead  of  investigating  the  origin 
of  feudal  obligations,  exposing  the  transforma¬ 
tions  they  have  undergone,  and  explaining  the 
necessity  thereof,  have  fancied  that  they  were 
giving  proofs  of  learning  and  liberality  of  spirit 
by  a  sweeping  condemnation  of  everything  in  any 
way  connected  with  the  feudal  system.  Howbeit, 
it  is  imperative  for  the  understanding  of  the  so¬ 
cial  organization  of  the  Middle  Ages  to  ascertain 
the  signification  of  these  obligations,  which  are 
the  movable  form  of  feudal  property.  It  would 
be  wearisome  to  pass  in  review  all  of  the  feudal 
obligations.  I  will  confine  myself  to  those  which 
have  more  especially  roused  the  ire  of  the  bour¬ 
geois  writers,  and  try  to  show  that  if  they  were 
maintained  and  aggravated  by  force,  they  had 
been,  at  the  origin,  freely  consented  to. 

Socage. — We  have  seen  that  the  feudal  baron, 
when  not  a  military  chieftain  installed  by  a  con¬ 
queror,  was,  as  a  rule,  a  simple  citizen,  a  member 
of  the  community  distinguished  by  no  special 
privileges  from  the  rest  of  the  villagers,  his  co- 
equals  ;  like  these  he  received  his  allotment  in  the 
partition  of  the  lands,  and  if  his  acres  were  culti- 


102 


FEUDAL  PROPERTY 


vated  for  him  by  the  commoners  this  was  done 
that  he  might  devote  himself  exclusively  to  their 
defense.  Haxthausen  has  observed  that  the  Rus¬ 
sian  lord  continued  to  receive  a  quarter  or  a  third 
of  the  territory  of  the  mir  which  was  cultivated 
by  the  villagers.  Latruffe-Montmeylian  says  that 
in  France  the  proportion  of  the  communal  lands 
allotted  to  the  lord  varied  according  to  the  nature 
of  the  rights  of  the  inhabitants.  It  amounted  to 
two-thirds  when  the  peasants’  rights  of  common 
extended  to  the  demesne  forests,  and  to  a  third 
only  when  the  rights  were  confined  to  the  com¬ 
munal  forest.*  With  the  increase  of  the  posses¬ 
sions  of  the  barons  and  the  monks,  there  followed 
a  lack  of  serfs  to  cultivate  their  lands,  wherefore 
they  gave  their  arable  en  bordelage  to  peasant 
collectivities,  “eating  from  the  same  pan  and  off 
the  same  loaf,”  to  use  the  language  of  the  period.! 
But,  whether  freemen  or  serfs,  the  tenants  owed 
a  certain  number  of  days  of  work  to  the  feudal 
lord,  to  till  his  field  or  house  his  corn. 

As,  at  this  period,  production  of  commodities 
and  commerce  did  not  as  yet  exist,  the  baron,  no 
less  than  the  peasant,  was  obliged  to  produce  all 
that  was  requisite  to  supply  his  wants.  In  the 
feudal  habitation  there  existed  workshops  of 

•Latruffe  Montmeylian,  “Du  Droit  des  Communes  sur  les  biens 
Communaux.”  Paris  1825.  Montmeylian  is  one  of  the  rare  French 
writers  who  had  the  courage  to  defend  communal  property  against 
the  rapacity  of  the  capitalists. 

t Bordelage  is  a  feudal  system  of  tenure  resembling  metayage, 
inasmuch  as  the  rent  for  the  land  is  paid  not  in  money,  but  in  a 
portion  of  the  produce.  This  tenure  has  been  general  in  all  feudal 
Europe ;  in  France  it  lasted  till  the  Revolution  of  1789.  Guflrard 
found  it  flourishing  in  the  9th  century,  on  the  lands  of  the  Abbey 
of  St.  Germain  des  PrSs.  Mr.  L.  Gomme,  in  his  “Village  Com¬ 
munities,”  describes  similar  peasant  associations  in  England,  Scot¬ 
land,  and  Ireland. 


FEUDAL  PROPERTY 


103 


every  description  for  the  manufacture  of  arms, 
farming  implements,  stuffs,  clothing,  etc.,  in 
which  the  peasants  and  their  wives  were  bound 
to  work  for  a  certain  number  of  days  in  the  year. 
The  female  laborer  was  under  the  direction  of  the 
lady  of  the  manor  herself,  and  the  workshops  for 
the  same  were  termed  genicioe.  The  monasteries 
likewise  possessed  workshops  for  females.*  These 
workshops  were  rapidly  turned  into  harems  for 
the  lords  and  their  retainers,  and  even  into  dens 
of  debauchery,  in  which  the  barons  and  the  priests 
debauched  their  female  serfs  and  vassals.  The 
word  geniciaria  (woman  working  in  the  genicia) 
became  synonymous  with  prostitute.  Our  modern 
brothels,  as  we  see,  have  a  religious  and  aristro- 
cratic  origin. 

In  the  beginning  the  number  of  days  of  work 
due  to  the  baron  by  his  vassal  was  insignificant ;  in 
some  places  it  amounted  to  three  days  in  the 
year.t  In  France,  the  royal  ordinances,  in  default 
of  a  contract  or  custom,  prescribed  the  number  of 
twelve  days.  Villein  socage  was  harder ;  but  the 
service  was  not  to  exceed  three  days  a  week,  and 
the  serfs  had,  further,  the  enjoyment  of  a  small 
field  which  the  lord  had  ceded  to  him  and  from 
which  he  could  not  be  expelled ;  he  had  also  a 
share  in  the  baron’s  harvest  and  a  right  of  pasture 
in  the  forest  and  arable  lands.  Count  Gasparin, 
who  was  Minister  of  Agriculture  under  Louis 
XVIII.,  in  his  treaty  on  Fermage,  published  in 


•In  the  donation  made  in  728  by  Count  Eberhard  to  the  monas¬ 
tery  of  Merbach,  mention  is  made  of  40  workmen  employed  in 
the  genicte. 

t“Let  the  freeman  enjoy  liberty  and  go  three  times  a  year  into 
the  count’s  service,”  ordains  the  Customary  of  Bigorre. 


104 


FEUDAL  PROPERTY 


1821,  states  his  belief  in  the  superiority,  as  re¬ 
gards  the  landed  proprietor,  of  the  system  of 
metayage  to  that  of  socage.  But  in  the  decline  of 
the  feudal  system  the  lords  abused  their  power 
to  aggravate  socage.  “They  had  usurped  such 
authority,”  says  Jean  Chenu,  a  writer  of  the  be¬ 
ginning  of  the  seventeenth  century,  “that  they 
exacted  the  labor  of  tillage,  the  gathering  their 
grapes  and  a  thousand  other  services,  with  no  bet¬ 
ter  title  than  the  peasants’  fear  of  being  beaten 
or  eaten  up  by  their  men  at  arms.”  When,  in  the 
fourteenth  century,  peace  was  gradually  estab¬ 
lished  in  the  interior  of  Europe,  every  useful  func¬ 
tion  had  been  taken  away  from  the  feudal  baron ; 
and  the  nobles  who  succeeded  the  barons  became 
parasites  and  tyrants. 

Bans  de  moisson. — It  has  been  supposed  that 
the  lord’s  right  of  prescribing  the  days  on  which 
to  mow  the  fields,  gather  the  grapes,  reap  the 
corn,  etc.,  was  a  purely  feudal  one,  whereas  its 
origin  is  traceable  to  the  period  in  which  collective 
property  obtained.  We  have  seen  above  that  in 
order  to  allow  the  arable  lands  to  remain  open  to 
the  cattle  of  the  village,  the  elders  fixed  the  days 
for  the  various  harvests.  This  usage,  established, 
in  the  interests  of  the  villagers,  could  only  be 
diverted  from  its  true  ends  when  the  lord  began 
to  traffic  with  his  crops.  He  substituted  his  own 
authority  for  that  of  the  council  of  the  elders,  or 
influenced  their  decisions  so  as  to  retard  the 
proclamation  of  the  ban  des  moissons  and  be  be¬ 
forehand  with  his  own  crops,  and  able,  conse¬ 
quently,  to  sell  them  earlier  and  on  better  terms 
than  the  produce  of  the  communal  fields. 


FEUDAL  PROPERTY 


105 


Banalite.* — The  term  is  feudal;  but  the  cus¬ 
tom  which  it  designates  is  a  communistic  one.  In 
the  village  collectivities,  certain  offices,  as  afore 
shown,  were  filled  by  individuals  maintained  at 
the  expense  of  the  commune ;  there  was  the  village 
herdsman,  who  drove  the  cattle  to  pasture ;  there 
were  common  forges,  mills,  slaughter-houses,  and 
animals  to  breed  from,  at  the  disposal  of  the  com¬ 
munity.  Private  families,  instead  of  baking  their 
own  bread,  sent  it  to  be  baked  in  the  communal 
oven ;  a  custom  introduced  from  the  economical 
consideration  of  reducing  the  consumption  of 
fuel.  The  charge  of  watching  over  and  attending 
to  these  ovens  was  entrusted  to  the  council  of 
elders ;  thereafter  to  the  lord,  who,  whenever  it 
was  in  his  interest  to  do  so,  substituted  his  own 
authority  for  that  of  the  men  commissioned  by 
the  commune.  A  small  tax  was  levied  for  this 
right  of  usage  of  the  common  objects;  in  an 
ordinance  of  1223,  of  Guillaume  Blanchemain, 
Archbishop  of  Reims,  it  is  said  that  “the  prelate 
shall  be  the  proprietor  of  the  common  oven  and 
be  entitled  to  the  tribute  of  a  loaf  for  every  batch 
of  thirty-two  loaves.”  Boucher  d’Argis  cites 
decrees  of  1563  and  1673  fixing  the  right  of 
grinding  in  the  common  mills  at  a  16th  and  a 
13th ;  it  is  computed  that,  at  present,  the  miller 
deducts  more  than  a  tenth.t 

This  sort  of  institutions  could  exist  only  in  the 
absence  of  the  production  of  commodities;  they 
hampered  commerce  and  stood  in  the  way  of 

•Boucher  d’Argis.  Code  rural.  Ch.  xv.  Des  banalltfs. 

tThe  term  signifies  the  compulsory  usage  of  a  thing  belonging  tc 
the  lord  on  condition  of  a  due. 


106 


FEUDAL  PROPERTY 


private  enterprises ;  the  revolutionary  bourgeois 
of  France  pronounced  them  tainted  with  feudal¬ 
ism,  and  abolished  them  in  1790. 

The  CHURCH,  which  eventually  became  the 
exclusive  property  of  the  clergy,  and  is  now  closed 
to  the  public  out  of  the  hours  of  worship,  was 
previously  the  joint  property  of  the  curate,  the 
baron,  and  the  peasants.  The  chancel  and  altar 
belonged  to  the  lord  and  curate ;  they  were  bound 
to  repair  the  woodwork,  flooring,  seats,  etc.,  but 
the  nave  belonged  to  the  peasants,  who  used  it 
for  their  markets,  communal  assemblies,  and 
dancing  parties,  or  as  a  storehouse  for  their  crops 
in  case  of  need.*  Mr.  Thorold  Rogers  says  that 
in  all  cases  the  Church  was  the  common  hall  of 
the  parish,  and  a  fortress  in  time  of  danger,  oc¬ 
cupying  the  site  of  the  stockade  which  had  been 
built  when  the  first  settlers  occupied  the  ground.t 
The  church  bells,  likewise,  belonged  to  the  peas¬ 
ants,  who  set  them  pealing  to  announce  their 
assemblies,  or  to  apprise  the  villagers  of  fires  or 
hostile  attacks.  In  the  judicial  archives  of  the 
French  provinces  of  the  17th  and  18th  centuries, 
we  find  frequent  mention  of  judgments  rendered 
against  the  bells  for  having  warned  the  peasants 
of  the  arrival  of  the  collectors  of  the  salt-tax ; 
they  were  sentenced  to  be  taken  down  and  whip¬ 
ped  by  the  hands  of  the  executioner,  “notwith- 

•A  synodical  statute  of  1529  prohibits — “To  hold  or  suffer  in 
the  church  or  cemeteries  here  any  festivals,  dances,  games,  merry¬ 
makings,  representations,  markets,  and  other  illicit  assemblies ;  for 
the  church  is  ordained  solely  to  serve  the  Lord,  and  not  for  such¬ 
like  follies.”  The  naive  believers  of  the  Middle  Ages  saw  no  harm 
in  dancing,  and  representing  their  mysteries,  in  the  honse  of  the 
Lord. 

tThorold  Rogers,  “Economical  Interpretation  of  History.” 


FEUDAL  PROPERTY 


107 


standing  that  they  had  been  consecrated  and 
blessed  by  a  most  solemn  ceremony,  in  which  the 
oil  of  St.  Chrism  and  myrrh  and  incense  had  been 
used  and  many  prayers  recited.”  The  Church  was 
the  house  of  God,  elevated  in  the  face  of  the 
feudal  manor,  and  the  feudal  peasants  gathered 
together  under  the  shadow  of  it  as  around  a 
strong  and  tender  mother. 

The  Tithe  raised  on  the  harvests  of  the  peas¬ 
ants  and  the  nobles  in  favor  of  the  Church,  was,  in 
the  beginning,  optional;  just  as  it  is  in  Ireland 
at  the  present  hour ;  it  was  paid  alike  to  the  priest 
and  sorcerer.  Agobard,  an  archbishop  of  the  9th 
century,  complains  that  the  ecclesiastical  tithe  is 
paid  with  far  less  regularity  than  that  accorded 
to  the  tempestarii,  men  endowed  with  the  power 
to  lay  storms  and  conjure  up  foul  weather.  But 
from  being  optional  the  tithes  became  compulsory 
in  virtue  of  the  feudal  adage,  “no  land  without  its 
tithes  and  burdens they  were  converted  into  a 
seignorial  right,  and  accorded  to  lay  lords  and 
abbots,  who  re-sold  them  to  other  laymen.  Dis¬ 
cretionary  at  the  outset,  the  tithes  became  obliga¬ 
tory  ;  and,  in  the  sequel,  constituted  an  oppressive 
impost  that  no  performance  of  services  any  longer 
authorized:  even  so  is  refined  gold  transmuted 
into  vile  copper! 


V 

Just  as  the  seignorial  obligations,  which  became 
onerous  and  iniquitious  when  the  feudal  barons 
had  ceased  to  afford  protection  to  their  vassals, 
tenants,  and  serfs,  had  at  one  time  been  volun- 


108 


FEUDAL  PROPERTY 


tarily  acquiesced  in ;  in  like  manner,  the  landed 
property  of  the  nobles, — at  first  a  military  post, 
entrusted  temporarily  to  a  warrior,  or,  simply  a 
right  to  a  share  in  the  agrarian  divisions, — grew 
and  expanded  by  dint  of  fraud  and  violence,  and 
generally  at  the  expense  of  the  communal  lands. 

Marx,  in  his  admirable  27th  chapter  of  “Capi¬ 
tal,”  “on  the  expropriation  of  the  agricultural 
population  from  the  land,”  to  which  I  refer  the 
reader,  has  described  the  prompt  and  brutal 
fashion  in  which  the  Scotch  and  English  lords 
stole  the  possessions  of  the  yeomen.  “The  great 
encroachers,”  as  Harrison,  the  editor  of  “Holin- 
shed’s  Chronicle,”  calls  them,  went  to  work  ex¬ 
peditiously.  In  the  15th  century  the  immense 
majority  of  the  population  consisted  of  peasant 
proprietors,  whatever  was  the  feudal  title  under 
which  their  right  of  property  was  hidden.  Macau¬ 
lay  calculates  that  “the  number  of  proprietors  was 
not  less  than  160,000,  who,  with  their  families, 
must  have  made  up  more  than  one-seventh  of  the 
whole  nation.  The  average  income  of  these  small 
landlords  was  estimated  at  between  £60  and  £70 
a  year.” 

The  chief  period  of  eviction  began  with  the 
16th  century.  The  great  feudal  lords  drove  the 
peasantry  by  force  from  the  land,  to  which  they 
had  the  same  feudal  right  as  the  lord  himself,  and 
seized  upon  the  common  lands.  The  rapid  rise  of 
the  Flemish  wool  manufacture,  and  the  corre¬ 
sponding  rise  in  the  price  of  wool  in  England, 
gave  a  direct  impulse  to  these  evictions.  The 
sheep  drove  out  the  men.  “The  shepe  that  were 
wont  to  be  so  meke  and  tame,”  says  Thomas 


FEUDAL  PROPERTY 


109 


More,  “and  so  small  eaters,  now,  as  I  heare  say, 
be  become  so  great  devourers  and  so  wylde,  that 
they  eate  up  and  swallow  downe  the  very  men 
themselves.”* 

In  the  last  decade  of  the  17th  century,  the  yeo¬ 
manry,  the  class  of  independent  peasants,  were 
more  numerous  than  the  clan  of  farmers.  They  had 
formed  the  backbone  of  Cromwell’s  strength,  and, 
even  according  to  the  confession  of  Macaulay, 
stood  in  favorable  contrast  to  the  drunken  squires 
and  to  their  servants,  the  county  clergy,  who  had 
to  marry  their  masters’  cast-off  mistresses.  About 
1750  the  yeomanry  had  disappeared,  and  so  had 
in  the  last  decade  of  the  18th  century  the  last 
trace  of  the  common  land  of  the  agricultural 
laborer.  In  the  19th  century  the  very  memory 
of  the  connection  between  the  agricultural  laborer 
and  the  communal  property  has,  of  course,  van¬ 
ished  in  England.  The  agricultural  population 
has  received  not  a  farthing  of  compensation  for 
the  3,511,770  acres  of  common  land  which,  be¬ 
tween  1800  and  1831  were  stolen  from  them  by 
parliamentary  devices  presented  to  the  landlords 
by  the  landlords. 

The  last  process  of  wholesale  expropriation  of 
the  agricultural  population  from  the  soil  is,  finally, 
the  so-called  clearing  of  estates,  i.  e.,  the  sweeping 
men  off  them.  But  what  “clearing  of  estates” 
really  and  properly  signifies  we  learn  only  in  the 
promised  land  of  modern  romance,  the  Highlands 
of  Scotland.  There  the  process  is  distinguished 
by  its  systematic  character,  by  the  magnitude  of 
the  scale  on  which  it  is  carried  out  at  one  blow  (in 


•“Utopia, 9t  translated  by  Robinson.  Ed.  Arber,  London,  1869. 


110 


FEUDAL  PROPERTY 


Ireland,  landlords  have  gone  to  the  length  of 
sweeping  away  several  villages  at  once ;  in  Scot¬ 
land  areas  as  large  as  German  principalities  are 
dealt  with),  finally  by  the  peculiar  form  of  prop¬ 
erty  under  which  the  embezzled  lands  were  held. 

The  Highland  Celts  were  organized  in  clans, 
each  of  which  was  the  owner  of  the  land  on  which 
it  was  settled.  The  representative  of  the  clan,  its 
chief  or  “great  man,”  was  only  the  titular  owner 
of  this  property,  just  as  the  Queen  of  England  is 
the  titular  owner  of  all  the  national  soil.  When 
the  English  Government  succeeded  in  suppress¬ 
ing  the  intestine  wars  of  these  “great  men,”  and 
their  constant  incursions  into  the  lowland  plains, 
the  chiefs  of  the  clans  by  no  means  gave  up  their 
time-honored  trade  as  robbers  ;  they  only  changed 
its  form.  On  their  own  authority  they  trans¬ 
formed  their  nominal  right  into  a  right  of  private 
property,  and  as  this  brought  them  into  collision 
with  their  clansmen,  they  resolved  to  drive  them 
out  by  open  force.  “A  king  of  England  might 
as  well  claim  to  drive  his  subjects  into  the  sea,” 
says  Professor  Newman.  This  revolution,  which 
began  in  Scotland  after  the  last  rising  of  the  fol¬ 
lowers  of  the  Pretender,  can  be  followed  through 
its  first  phases  in  the  writings  of  Sir  James  Steu- 
art  and  James  Anderson.  As  an  example  of  the 
method  obtaining  in  the  19th  century,  the  “clear¬ 
ing”  made  by  the  Duchess  of  Sutherland  will 
suffice  here.  This  person,  well  instructed  in  ecorn 
omy,  resolved,  on  entering  upon  her  government, 
to  effect  a  radical  cure,  and  to  turn  the  whole 
country,  whose  population  had  already  been,  by 
earlier  processes  of  a  like  kind,  reduced  to  15,000, 


FEUDAL  PROPERTY 


111 


into  a  sheep  walk.  From  1814  to  1820  these 
15,000  inhabitants,  about  3,000  families,  were 
systematically  hunted  and  rooted  out.  All  their 
villages  were  destroyed  and  burnt,  all  their  fields 
turned  into  pasturage.  British  soldiers  enforced 
the  eviction,  and  came  to  blows  with  the  inhabit¬ 
ants.  One’  old  woman  was  burnt  to  death  in 
the  flames  of  the  hut  which  she  refused  to  leave. 
Thus  this  fine  lady  appropriated  794,000  acres  of 
land  that  had  from  time  immemorial  belonged 
to  the  clan.  She  assigned  to  the  expelled  inhabit¬ 
ants  about  6,000  acres  on  the  sea  shore — two 
acres  per  family.  The  6,000  acres  had  until  this 
time  lain  waste,  and  brought  in  no  income  to 
their  owners.  The  duchess,  in  the  nobility  of  her 
heart,  actually  went  so  far  as  to  let  these  at  an 
average  rent  of  2s  6d  per  acre  to  the  clansmen 
who  for  centuries  had  shed  their  blood  for  her 
family.  The  whole  of  the  stolen  clan-land  she 
divided  into  29  great  sheep  farms,  each  inhabited 
by  a  single  family,  for  the  most  part  imported 
English  farm  servants.  In  the  year  1835  the 
15,000  Gaels  were  already  replaced  by  121,000 
sheep.  The  remnant  of  the  aborigines  flung  on 
the  sea  shore  tried  to  live  by  catching  fish.  They 
became  amphibious  and  lived,  as  an  English  au¬ 
thor  says,  half  on  land  and  half  on  water,  and 
withal  only  half  on  both. 

The  plunder  of  the  State  lands  on  a  large  scale 
began  with  William  of  Orange.  “These  estates 
were  given  away,  sold  at  a  ridiculous  figure,  or 
even  annexed  to  private  estates  by  direct  seizure. 
All  this  happened  without  the  slightest  observa¬ 
tion  of  legal  etiquette.  The  crown  lands  thus 


112 


FEUDAL  PROPERTY 


fraudulently  appropriated,  together  with  the  rob¬ 
bery  of  the  Church  estates,  as  far  as  these  had 
not  been  lost  again  during  the  Republican  Revo¬ 
lution,  form  the  basis  of  the  today  princely  do¬ 
mains  of  the  English  oligarchy.  The  bourgeois 
capitalists  favored  the  operation  with  the  view, 
among  others,  to  promoting  free  trade  in  land, 
extending  the  domain  of  modern  agriculture  on 
the  large  farm  system,  and  to  increasing  their 
supply  of  the  free  agricultural  proletarians  ready 
to  hand.” 

After  the  restoration  of  the  Stuarts  the  landed 
proprietors  had  carried  by  legal  means  an  act 
of  usurpation,  effected  everywhere  on  the  Con¬ 
tinent  without  any  legal  formality.  In  1660  a 
House  of  Commons,  in  which  the  landlords  were 
supreme,  relieved  their  estates  of  all  feudal  dues, 
then  amounting  to  about  one-half  of  the  entire 
revenues  of  the  State.  Military  service,  purvey¬ 
ance,  aids,  reliefs,  premier  seisin,  wardship, 
alienation,  escheat,  all  disappeared  in  a  day.  In 
their  places  were  substituted  excise  duties.  By 
12  Charles  II.,  c.  23  the  great  bulk  of  taxation 
was  for  the  first  time  transferred  from  the  land 
to  the  people,  who  have  borne  it  ever  since. 

Landed  property  monopolized  by  the  lords 
was  exempted  from  all  dues  towards  the  State, 
as  the  lord  had  been  discharged  from  all  obliga¬ 
tions  towards  his  vassals  and  tenants ;  feudal 
property  had  been  changed  into  capitalist  prop¬ 
erty. 

This  transformation  was  accomplished  in  Great 
Britain  in  the  midst  of  the  most  awful  misery 
of  the  peasant  class ;  the  cultivators  were  ex-. 


FEUDAL  PROPERTY 


113 


pelled  from  the  land  by  wholesale  and  made  beg¬ 
gars.  Their  numbers  became  a  social  danger 
against  which  the  most  barbarious  measures  were 
taken.  Legislation  treated  them  as  “voluntary” 
criminals,  and  assumed  that  it  depended  on  their 
own  will  to  go  on  working  under  the  old  condi¬ 
tions  that  no  longer  existed.  In  England  this 
legislation  began  under  Henry  VII. 

Henry  VIII.,  1530: — “Beggars  old  and  unable 
to  work  receive  a  beggar’s  license.  On  the  other 
hand,  whipping  and  imprisonment  for  sturdy 
vagabonds.  They  are  to  be  tied  to  a  cart  tail 
and  whipped  until  the  blood  streams  from  their 
bodies,  then  to  swear  an  oath  to  go  back  to  their 
bithplace,  or  to  where  they  have  lived  the  last 
three  years,  and  to  put  themselves  to  labor.” 
What  a  grim  irony!  In  27  Henry  VIII.  the  for¬ 
mer  statute  is  repeated,  but  strengthened  with 
new  clauses.  For  the  second  arrest  for  vaga¬ 
bondage  the  whipping  is  to  be  repeated  and  half 
the  ear  sliced  off,  but  for  the  third  relapse  the 
offender  is  to  be  executed  as  a  hardened  criminal 
and  enemy  of  the  commonweal.” 

Elizabeth,  1572: — Unlicensed  beggars  above 
14  years  of  age  are  to  be  severely  flogged  and 
branded  on  the  left  ear  unless  someone  will  take 
them  into  service  for  two  years ;  in  case  of  a 
repetition  of  the  offense,  if  they  are  over  18  they 
are  to  be  executed,  unless  someone  will  take  them 
into  service  for  two  years ;  but  for  the  third  of¬ 
fense  they  are  to  be  executed  without  mercy  as 
felons.  Similar  statutes,  18  Elizabeth,  c.  13,  and 
another  of  1597,  James  1 : — Anyone  wandering 
about  and  begging  is  declared  a  rogue  and  a 


114 


FEUDAL  PROPERTY 


vagabond.  Justices  of  the  Peace  in  petty  ses¬ 
sions  are  authorized  to  have  them  publicly 
whipped,  and  for  the  first  offence  to  imprison 
them  for  six  months,  for  the  second  two  years. 
Whilst  in  prison  they  are  to  be  whipped  as  much 
and  as  often  as  the  Justices  of  the  Peace  think  fit. 
Incorrigible  and  dangerous  rogues  are  to  be 
branded  with  an  “R”  on  the  left  shoulder  and  set 
to  hard  labor,  and  if  they  are  caught  begging 
again,  to  be  executed  without  mercy. — These 
statutes,  legally  binding  until  the  beginning  of 
the  18th  century,  were  only  repealed  by  12  Ann, 
c.  23. 

Albeit  not  a  single  nation  in  Europe  can  boast 
of  having  raised  an  aristocracy  that  accomplished 
its  work  of  monopolizing  the  land  with  anything 
like  the  rapacity  and  ferociousness  of  Scotch  and 
English  landlords,  nevertheless  in  all  countries 
the  peasant  class  has  been  in  great  part  despoiled 
of  its  territorial  possessions ;  and  no  means  have 
been  left  untried  to  bring  about  that  most  lauda¬ 
ble  and  lucrative  consummation.  Let  me  enu¬ 
merate  a  few  of  the  devices  that  were  resorted  to 
in  France. 

The  feudal  obligations,  aids,  and  fines  became 
so  excessive  that  the  peasants  commuted  for 
them  by  ceding  to  the  lords  a  portion  of  the  com¬ 
mon  lands.  These  cessions  of  territory,  greedily 
hungered  after  by  the  feudal  lords,  would  appear, 
well-nigh  all  of  them,  to  have  been  obtained  by 
the  aid  of  artifice;  the  nobles  corrupted  a  cer¬ 
tain  number  of  villagers  who  managed  to  con¬ 
stitute  in  their  own  persons  the  general  assembly 
of  the  commune  that  voted  the  cessions ;  hence 


FEUDAL  PROPERTY 


115 


we  come  across  royal  ordinances  in  France  which 
specify  that  for  a  cession  of  territory  to  be  valid 
it  must  be  voted  in  an  assembly  of  all  of  the  in¬ 
habitants  of  the  Commune. 

The  robbers  of  the  communal  lands  did  not 
invariably  employ  Jesuitical  means;  they  often 
plundered  with  open  brutality.  In  the  16th  cen¬ 
tury,  a  period  when  the  industrial  and  commer¬ 
cial  bourgeoisie  were  rapidly  developing,  the 
communal  lands  were  coveted  at  one  and  the 
same  time  by  the  nobles  and  by  the  bourgeois 
speculators.  The  towns  were  enlarged  to  meet 
the  new  requirements,  and  agriculture  increased 
its  yield.  The  development  of  agriculture  was 
the  great  object  of  the  speculators;  under  the 
pretext  of  giving  increased  extension  to  the 
arable  lands,  they  induced  the  King  to  grant 
them,  by  royal  edict,  the  right  of  bringing  under 
culture  the  waste  lands ;  they  hastened  to  include 
in  the  category  of  waste  lands  the  communal  ter¬ 
ritories,  and'  proceeded  to  wrest  them  from  the 
peasants,  who  took  up  arms  in  their  defense ;  and 
to  vanquish  whose  resistance  the  speculators  were 
compelled  to  appeal  for  aid  to  the  armed  force 
of  the  State. 

The  nobles  had  recourse  to  chicanery  in  order 
to  win  possession  of  the  village  territories ;  they 
pretended  that  the  lands  owned  by  the  peasants 
did  not  correspond  with  their  title  deeds,  which 
was  perfectly  true ;  they  insisted  on  the  verifica¬ 
tion  of  their  claims,  and  confiscated  what  was 
held  by  imperfect  titles  for  their  own  benefit. 
Upon  occasion  they  proceeded-  after  a  revolu¬ 
tionary  fashion ;  they  destroyed*  the  title-deeds 


116 


FEUDAL  PROPERTY 


which  they  had  got  hold  of,  and  so  disabled  the 
peasants  from  establishing  their  rights  to  the 
fields  now  left  without  an  owner;  whereupon  in 
virtue  of  the  feudal  adage,  “pas  de  terre  sans 
seigneur  ”  the  nobles  seized  upon  the  peasants’ 
territory.  The  autos  da  fe  of  proprietary  titles, 
held  by  the  peasants  during  the  revolution  of 
1789,  were  in  retaliation  of  the  suppression  of 
the  peasant  titles  perpetrated  by  the  nobility  of 
the  16th  century. 

The  forests  were  grabbed  up  more  brutally: 
eschewing  all  legal  formalities,  the  lords  ad¬ 
judged  to  themselves  the  ownership  of  the  woods 
and  underwood;  they  enclosed  the  forests  and 
forbade  hunting,  and  abolished  the  right  of 
estovers ;  the  right  of  taking  wood  for  fuel  and 
for  the  repairs  of  houses,  fences,  implements, 
etc.  These  encroachments  of  the  nobles  on  the 
forest-lands,  which  were  the  common  property 
of  the  village,  gave  rise  to  terrible  revolts  of  the 
peasants.  The  jacqueries *  which  broke  out  in 
the  middle  of  the  14th  century  in  the  provinces  of 
the  North  and  the  center  of  France,  were,  in  fact, 
occasioned  by  the  pretensions  of  the  nobles  to 
forbid  hunting  and  to  interfere  with  the  rights 
of  common  in  the  forests,  and  the  enjovment  of 
the  rivers.  Similar  conflicts  arose  in  Germany, 
such  as  the  famous  revolt  of  the  Saxons  against 
the  Emperor  Henry  II.,  and  that  of  the  Suabian 
peasants,  who,  in  the  time  of  Luther,  took  up 
arms  against  the  lords  who  debarred  them  from 
the  enjoyment  of  the  forests.  These  peasant  in- 

•Jacqueries  were  Insurrections  of  the  peasants ;  a  term  deriTed 
from  the  insulting  epithet  of  Jacques  Bonhomme  applied  to  the 
peasants  by  the  nobles. 


FEUDAL  PROPERTY 


117 


surrections  compelled  the  lords  on  several  occa¬ 
sions  to  respect  the  ancient  rights  of  common 
which  consisted  in  the  right — limited  only  by  the 
peasant’s  wants — to  take  wood  and  brushwood 
for  hedging,  firing,  and  repairing  his  implements 
(hedge-bote,  fire-bote,  and  plough-bote)  ;  and  in 
the  right  of  common  pasture,  or  the  right  to  send 
his  cows,  horses,  swine,  and  in  some  cases  his 
goats,  to  graze  on  the  commons  throughout  the 
year,  the  month  of  May  alone  excepted.  So 
firmly  rooted  were  these  rights  that  Lapoix  de 
Freminville  declared,  in  1760,  that  even  in  the 
event  of  their  abuse  by  the  peasants  they  could 
not  be  taken  away  from  them:  “for  the  right  of 
usage  is  perpetual,  and  being  so,  it  is  accorded 
alike  to  the  actual  inhabitants  and  to  those  who 
may  come  after  them ;  one  cannot  strip  of  an 
acquired  right  even  those  who  are  yet  unborn.” 
But  the  revolutionary  bourgeoisie  of  1789  felt 
none  of  the  feudal  legist’s  respect  for  the  peas¬ 
ants’  rights,  and  abolished  them  for  the  benefit 
of  the  landed  proprietor. 

If  the  lords  did,  as  a  matter  of  fact,  occasion¬ 
ally  bow  to  the  peasants’  rights  of  common,  they 
nevertheless  constantly  declared  that  these  were 
enjoyed  on  sufferance  only;  for  they  looked  upon 
themselves  as  the  proprietors  of  the  forests;  just 
as  in  later  times  they  came  to  pretend  to  the 
ownership  of  the  vassals’  lands.  In  the  Middle 
Ages,  when  a  free  man,  an  alodial  proprietor, 
commended  himself  to  a  lord,  sought  the  pro¬ 
tection,  that  is  to  say,  of  a  powerful  person,  he 
presented  him  with  a  clod  of  turf,  and  vowed 
fealty  and  homage  to  him;  yet  he  remained  the 


118 


FEUDAL  PROPERTY 


master  of  his  field.  But  in  a  number  of  provinces, 
e.  g.,  in  Brittany,  the  lord  considered  himself 
as  the  owner  of  the  subsoil,  while  he  recognized 
the  peasants’  rights  to  the  superficies,  i.  e.,  the 
crops,  trees,  buildings,  etc.  It  is  in  virtue  of 
such  legal  fictions  that  during  the  bourgeois 
period  the  nobles  expropriated  the  peasants,  de¬ 
scendants  from  the  vassals,  their  ancestors.  In 
Scotland,  the  robbery  of  the  peasant  property 
was  perpetrated  with  such  undisguised  brutality 
as  to  arouse  the  public  indignation.  Karl  Marx, 
in  “Capital,”  has  related  how  the  pious  Duchess 
of  Sutherland  dispossessed  the  peasants  whose 
fathers  had  built  up  the  glory  and  the  grandeur 
of  her  house. 

Until  the  bourgeois  revolution  of  1789  had 
established  private  property  in  land,  the  landed 
estates  in  France,  including  those  of  the  nobility, 
were  subjected  to  rights  of  common,  which 
periodically  took  from  them  the  character  of  pri¬ 
vate  property.  Once  the  harvest  was  secured, 
the  forests  and  arable  land  appropriated  by  the 
nobility  became  common  property  again,  and  the 
peasants  were  free  to  turn  their  cattle  on  them. 
The  vines  were  liable  to  a  similar  usage.  Fran¬ 
cois  de  Neufchateau,  in  his  “Agronomical  Voy¬ 
age,”  1806,  cites  a  Memoire,  published  in  1763, 
by  Societe  d’ Economie  Rurale  en  Berne,  in  which 
it  is  complained  that  “after  the  vintage  the  vine¬ 
yards  are  laid  open  to  the  sheep,  who  grass  there 
*s  on  common  lands.”  But  not  only  were  the 
landlords  bound  to  permit  the  pasturing  on  their 
lands  of  the  village  cattle ;  they  were  moreover 
forbidden  to  cultivate  the  soil  according  to  their 


FEUDAL  PROPERTY 


119 


own  methods ;  they  were  constrained  to  conform 
to  the  council  of  the  elders,  and  required  per¬ 
mission  for  the  planting  of  their  vines.  A  per¬ 
mission  of  this  kind  was  refused  a  few  years  be¬ 
fore  the  French  Revolution  to  Montesquieu, 
greatly  to  the  scandal  of  the  political  economists. 
The  proprietor  was  not  allowed  to  leave  his  lands 
uncultivated ;  for  a  royal  ordinance  of  Louis 
XIV.,  enacted  in  1693,  and  which  but  consecrated 
an  ancient  usage,  authorizes, — in  the  event  of  the 
owner  not  cultivating  his  land  himself, — “any 
person  to  sow  the  same  and  to  gather  the  fruits/’ 
Landed  property,  under  the  feudal  system,  was 
anything  but  free ;  not  only  was  it  burdened  with 
obligations,  but  it  belonged  to  the  family  collec¬ 
tively ;  the  owner  could  not  dispose  of  it  at  pleas¬ 
ure  ;  he  was  only  the  usufructuary  possessor 
whose  mission  it  was  to  transmit  his  estates  to  his 
descendants.  The  Church  estates,  likewise,  bore 
this  character;  they  were  the  property  of  the 
Church,  the  great  Catholic  family;  the  abbots, 
monks,  and  priests  who  occupied  the  lands  were 
merely  the  administrators — the  very  faithless  ad¬ 
ministrators — of  them.  In  order  to  claim  immun¬ 
ity  from  impositions,  the  French  clergy,  down  to 
the  time  of  the  Revolution,  pretended  that  ecclesi¬ 
astical  possessions  ought  not  to  be  considered  as 
ordinary  property ;  that  it  was  nobody’s  property 
( res  nullius),  because  it  was  sacred,  religious 
property  (res  sacrae,  res  religiosae) .  The  revo¬ 
lutionary  bourgeois  took  them  at  their  word ; 
they  declared  that  the  clergy  were  not  the  pro¬ 
prietors  of  the  ecclesiastical  estates,  which  be¬ 
longed  to  the  Church.  Now,  the  Greek  word 


120 


FEUDAL  PROPERTY 


ecclesia,  whence  is  derived  eglise  (church),  sig¬ 
nifies  the  assembly,  the  reunion  of  all  the  faith¬ 
ful,  which  is  the  nation  at  large;  wherefore  the 
estates  of  the  Church  are  national  property.  By 
the  help  of  such  subterfuge  did  the  revolutionary 
bourgeois,  like  Henry  VIII.  of  England,  lay 
hands  upon  the  Church  property  and  distribute 
amongst  themselves  the  estates  which  belonged 
to  the  poor. 

It  is  these  obligations  of  feudal  property  which 
the  political  economists  and  Liberal  historians 
attack  with  special  virulence;  obligations  which 
were  vestiges  of  the  primitive  communism  that 
secured  a  measure  of  well-being  to  the  peasants, 
and  which  they  forfeited  as  soon  as  private  prop¬ 
erty  had  superseded  feudal  property. 

The  bourgeois  historians  have  invented  the 
legend  of  the  Revolution  of  1789  bestowing  the 
land  upon  the  peasant,  and  freedom  and  happi¬ 
ness  therewithal;  whereas  the  plain  truth  is  that 
the  great  Revolution  stripped  him  of  his  rights 
of  common  and  other  secular  rights  of  equal  im¬ 
portance,  delivering  him  up,  defenseless,  into  the 
clutches  of  the  usurers  and  middlemen ;  loading 
him  with  taxes  and  forcing  him  to  enter  into 
competition  with  the  great  landed  proprietor, 
equipped  with  capital  and  machinery.  The  great 
bourgeois  revolution  was  fraught  with  misery 
and  ruin  for  the  peasant.  According  to  the  of¬ 
ficial  census,  there  were,  in  1857,  7,846,000 
landed  proprietors  in  France ;  out  of  these  3,600,- 
000  were  so  poor  that  they  paid  no  direct  con¬ 
tributions ;  the  number  of  proprietors,  great  or 
small,  was  consequently  reduced  to  4,246,000.  In 


FEUDAL  PROPERTY 


121 


1879  the  various  questions  were  ventilated  of  an 
agricultural  credit,  of  the  application  to  the  land¬ 
lords  of  the  law  of  bankruptcy,  of  the  simplifica¬ 
tion  of  the  law  of  procedure  in  expropriations ; 
and  an  inquiry  was  instituted  to  determine  the 
number  of  landed  proprietors  entitled  to  a  share 
in  the  famous  credit.  La  Republiaite  Francaise, 
conducted  by  Gambetta,  much  interested  in  the 
question,  stated  in  its  issue  of  25th  August,  1879, 
that  there  existed  in  France  only  2,826,000  landed 
proprietors,  offering  the  necessary  guarantees  en¬ 
titling  them  to  a  share  in  the  credit.  Thus  from 
1851  to  1879  the  number  of  landed  proprietors 
deserving  of  the  name  had  dwindled  to  1,420,000. 

To  dissipate  the  errors  and  falsehoods  which 
the  bourgeois  writers  have  propagated  respecting 
the  status  of  the  cultivator  during  the  Feudal 
Period,  and  the  benefits  accruing  to  him  from 
the  Revolution,,  it  suffices  to  compare  the  condi¬ 
tions  of  labor  of  the  mediaeval  cultivator  with 
those  of  the  modern  agricultural  laborer.  The 
researches  made  by  men  of  learning,  during  the 
last  50  years,  and  the  numerous  documents  dis¬ 
covered  in  different  town  and  convents,  enable 
us  to  institute  such  a  comparison. 

L.  Delisle,  in  his  afore-cited  study  of  the  con¬ 
dition  of  the  laboring  classes  in  Normandy, 
points  out  how  the  lord  shared  the  fortune  of  the 
laborer;  for  the  rent  was  based  upon  the  har¬ 
vest.  For  instance,  the  tenants  of  the  monks 
of  St.  Julien  de  Tours  contributed  the  sixth 
sheaf;  in  other  parts  the  tenant  contributed  the 
tenth  sheaf;  in  still  others  the  twelfth.  Now,  we 
may  rummage  the  bourgeois  world  and  shall  not 


122 


FEUDAL  PROPERTY 


find  a  landlord  contenting  himself  with  a  twelfth 
or  even  a  sixth  of  the  crops  gathered  on  his  es¬ 
tate.  These  conditions  were  not  confined  to  a 
single  province,  for  in  the  south  of  France,  at 
Moissac,  we  meet  with  identical  ones.  Enact¬ 
ments  of  1212  and  1214  show  us  the  monks  of 
the  Abbey  of  Moissac  receiving  only  a  third,  a 
fourth,  or  ew  n  as  little  as  a  tenth  of  the  crops 
harvested  by  the  peasants  who  tilled  their  lands. 
Lagreze-Fossat,  who  has  studied  these  enact¬ 
ments,  remarks  that  “a  mutual  agreement  was 
come  to  between  the  peasants  and  the  monks, 
and  the  contribution  of  the  produce  demanded 
by  the  latter  does  not  bear  the  character  of  an 
impost ;  it  was  debated  beforehand,  and  freely 
consented  to.”* 

In  the  11th  and  12th  centuries,  when  the  vine 
was  cultivated  in  Normandy,  the  landlords 
claimed  only  one-half  of  the  crops;  the  other 
half  belonged  to  the  cultivators.  Nowadays,  in 
the  vine-growing  countries,  the  peasant  rarely 
tastes  the  wine  he  produces. 

Guerard  has  discovered  and  published  the  ac¬ 
count-book  of  the  Abbey  of  St.  Germain  des 
Pres ;  that  precious  document,  which  dates  from 
the  time  of  Charlemagne,  enables  us  to  study 
the  lives  of  the  serfs  and  peasants  of  the  9th 
century. .  The  abbey  lands  were  cultivated,  not 
by  individuals,  but  by  collectivities  of  peasants, 
composed  of  from  20  to  30  adult  persons  living 
together,  and  the  dues  paid  by  them  would  ap- 

*A.  LagrSze  Fossat,  “Etudes  Historiques  sur  Moissac  ”  1872. 
Moissac  is  a  small  town  in  the  Department  of  Tam  et  Garonne  of 
considerable  importance  in  the  Middle  Ages. 


FEUDAL  PROPERTY 


123 


pear  ridiculously  small  to  a  modern  farmer. 

The  abbey  lands  were  divided  into  three  cate¬ 
gories,  the  manses  ingenuiles,  the  manses  lidiles, 
the  manses  serviles.  At  that  period  certain  quali¬ 
ties  were  inherent  in  the  land ;  it  was  seignorial, 
free,  or  servile ;  Guerard  calculates  that  the  peas¬ 
ants  paid  in  labor  and  in  kind  5s.  6d.  per  acre 
for  the  free  lands,  8s.  Id.  for  the  tributary  lands, 
and  10s.  for  the  servile  lands.  The  cultivators 
employed  on  the  abbatial  lands,  and  who,  to 
judge  from  their  names,  were  mostly  Germans, 
attained,  with  their  families,  to  the  respectable 
figure  of  10,026.  The  condition  of  these  peas¬ 
ants,  considering  their  great  numbers,  must  have 
been  the  normal  condition  of  the  cultivators ;  and 
what  laborer  of  our  day,  I  ask,  would  not  gladly 
consent  to  barter  his  bourgeois  landlord  of  the 
19th  for  the  monk  of  the  9th  century,  and  hold 
servile  lands  at  the  rate  of  10s.  per  acre?* 

The  condition  of  the  English  laborer  was  no 
worse.  “There  is  one  very  unpleasing  remark,” 
says  Hallam  in  his  View  of  the  State  of  Europe 
during  the  Middle  Ages,  “which  everyone  who 
attends  to  the  subject  of  prices  will  be  induced 
to  make,  that  the  laboring  classes,  especially 
those  engaged  in  agriculture,  were  better  pro¬ 
vided  with  the  means  of  subsistence  in  the  reign 
of  Edward  III.  or  of  Henry  VI.  than  they  are 
at  present.  In  the  fourteenth  century,  Sir  John 
Cullum  observes,  a  harvest  man  had  fourpence 
a  day  which  enabled  him  in  a  week  to  buy  a 

‘“Polyptique  de  l'Abbfi  Irminon  on  dgnombrement  des  manses’ 
serfs  et  revenus  de  l’Abbaye  de  St.  Germain  des  Prgs  sous  le 
regne  de  Charlemagne.”  Publifi  par  GuGrard,  1844. 


124 


FEUDAL  PROPERTY 


comb  of  wheat;  but  to  buy  a  comb  of  wheat  a 
man  must  now  (1784)  work  ten  or  twelve  days. 
So  under  Henry  VI.,  if  meat  was  at  a  farthing- 
and-a-half  the  pound,  which,  I  suppose,  was 
about  the  truth,  a  laborer  earning  threepence  a 
day  or  eighteenpence  in  the  week,  could  buy  a 
bushel  of  wheat  at  six  shillings  the  quarter,  and 
twenty-four  pounds  of  meat  for  his  family.  Sev- 
eral  Acts  of  Parliament  regulate  the  wages  that 
might  be  paid  to  laborers  of  different  kinds, 
thus  the  Statute  of  Laborers  in  1830  fixed  the 
wages  of  reapers  during  harvest  at  threepence  a 
day,  without  diet,  equal  to  five  shillings  at  pres- 
ent;  that  of  23  H.  VI.,  c.  12,  in  1444®  fixed  the 
reapers  wages  at  fivepence,  and  those  of  com¬ 
mon  workmen  in  building  at  threepence-half- 
penny,  equal  to >  6s  8d.  and  4s.  8d.;  that  of  11  H. 
VIL,  c.  22,  in  1496,  leaves  the  wages  of  laborers 
in  harvest  as  before,  but  rather  increases  those 
of  ordmary  workmen.  The  yearly  wages  of  a 
cjyef  hmd  or.  shepherd  by  the  Act  of  1444  were 
£1  4s.,  equivalent  to  about  £20;  those  of  a 
common  servant  in  husbandry,  18s  4d  with 
meat  and  drink;  they  were  somewha  'augmented 
by  the  Statute  of  1496.  Yet,  although  toese 
wages  are  regulated  as  a  maximum  by  Acts  of 

taveS"'’  *h‘Ch  ‘?ay  naturally  supposed  to 
have  had  a  view  rather  towards  diminishing  than 

enhancing  the  current  rate,  I  am  not  full?  con 

vinced  that  they  were  not  rather  beyond  it  •  pri- 

1  ?,CCOUnts  at  leas*  do  not  always  correspond 
with  these  statutable  prices.  And  it  is  necessary 

uaturaf  to'so  the  “"certainty  of  employment 
natural  to  so  imperfect  a  state  of  husbandry. 


FEUDAL  PROPERTY 


123 


must  have  diminished  the  laborers’  means  of  sub¬ 
sistence.  Extreme  dearth,  not  more  owing  to 
adverse  seasons  than  to  improvident  consump¬ 
tion,  was  frequently  endured.  But  after  every 
allowance  of  this  kind,  I  should  find  it  difficult 
to  resist  the  conclusion  that,  however  the  laborer 
has  derived  benefit  from  the  cheapness  of  manu¬ 
factured  commodities  and  from  many  inventions 
of  common  utility,  he  is  much  inferior  in  ability 
to  support  a  family  to  his  ancestors  three  or  four 
centuries  ago.”* 

When  the  French  Revolution  broke  out  in  1789 
feudal  property  had  not  as  yet  succeeded  in  en¬ 
franchising  itself  from  the  manifold  obliga¬ 
tions  which  recalled  its  collectivist  origin,  and 
which  prevented  it  from  being  converted  into 
private  property  having  the  right  to  use  and  to 
abuse. 


•“The  Student’s  History  of  the  Middle  Ages.”  Henry  Hallam. 
Adapted  by  William  Smith.  Part  II.,  chap,  is.,  pp.  566-7. 


CHAPTER  V 


BOURGEOIS  PROPERTY 

I 

We  have  seen  that  landed  property  was  origi¬ 
nally  common  to  the  entire  tribe  in  the  shape  of 
woodland,  pasture,  and  even  arable  land;  that 
it  was  converted  into  collective  property  when 
the  clan  broke  up  into  the  matriarchal  or  patri¬ 
archal  families,  and,  lastly,  into  private  property, 
on  the  disintegration  of  the  patriarchal  family 
and  the  constitution  of  the  modern  family,  in¬ 
cluding  the  parents  with  their  children,  and  a 
few  supernumeraries,  say  the  grandparents  or  an 
odd  uncle  or  aunt  who  has  failed  in  securing  an 
establishment  of  his  or  her  own,  and  whose  in¬ 
heritance  is  greedily  coveted  after. 

The  march  of  movable  property  has  been  a 
different  one;  though,  starting  from  the  com¬ 
munist  form,  it  far  more  rapidly  arrived  at  the 
private  form ;  even  among  savages,  living  in  com¬ 
munity,  the  arms  and  ornaments  are  considered 
as  attached  to  the  individual,  and  are  frequently 
interred  with  the  corpses.* 


•Immortality,  that  dreary  idea,  says  Frederick  Engels,  so  long 
the  torment  of  humanity,  is  an  invention  of  the  savages ;  just  as 
they  bestow  a  soul  upon  their  bodies,  or  rather  a  double,  who  leaves 
them  during  sleep  and  at  death,  so  they  attribute  to  animals,  vege¬ 
tables,  and  even  to  inanimate  objects,  a  soul  capable  of  living  out¬ 
side  of  them ;  thus,  on  the  burial  of  a  warrior,  they  destroyed  his 
arms,  and  killed  the  animals  that  were  to  follow  him  into  th« 
other  world. 


126 


BOURGEOIS  PROPERTY 


127 


The  instruments  of  labor  have  at  all  times 
been  considered  as  the  personal  property  of  him 
who  wielded  them ;  during  the  periods  of  slavery 
and  serfdom,  the  tools  and  the  soil  were  sur¬ 
rendered  to  the  slave  or  serf  who  used  them  and 
for  whom  they  constituted  a  sort  of  property. 
Individual  appropriation  of  the  instrument  of 
labor  results  from  its  personal  character,  and  it 
owes  this  character  to  the  fact  that  it  is  small, 
of  little  value,  and  capable  of  being  manipulated 
by  a  single  individual;  from  this  point  of  view 
the  implement  of  the  artificer  may  be  assimilated 
to  the  field  of  the  peasant  cultivator,  which  is 
small,  of  little  value,  and  usable  by  a  single  in¬ 
dividual,  that  is  to  say,  cultivable  by  himself  and 
the  members  of  his  family. 

Landed  property,  as  it  evolved,  prior  to  the 
bourgeois  property,  on  the  one  hand  ran  into 
small  peasant  property  and  on  the  other  into 
feudal  property.  Agriculture  was  the  prime  motor 
of  this  evolution.  Commerce  was  the  motor  of  the 
evolution  of  the  property  of  the  instruments  of 
labor  and  industrial  products,  which,  once  it  has 
attained  a  certain  degree  of  development,  reacts, 
as  Marx  has  demonstrated,  on  landed  property, 
and  accelerates  its  transformation  into  bourgeois 
property. 


II 

In  the  collectivist  village  the  peasants  produce 
all  that  they  consume  (bread,  meat,  flax,  wool, 
etc.),  and  the  artificers  (smiths,  weavers,  tailors, 
etc.),  are  only  admitted  into  it  when  their  serv- 


128 


BOURGEOIS  PROPERTY 


ices  are  required.  They  reside,  as  a  rule,  in  the 
outskirts  of  the  village,  and,  after  a  certain  term 
of  sojourn  there,  generally  that  of  a  year  and  a 
day,  they  obtain  the  right  of  city ;  are  authorized 
to  send  their  cattle  to  graze  on  the  common  pas¬ 
ture,  and  are  entitled  to  a  share  in  the  land.  At 
the  outset  there  takes  place  no  exchange  of  prod¬ 
ucts  in  these  villages ;  the  handicraftsmen  are 
public  functionaries  in  the  service  of  the  com¬ 
munity,  and  are  paid  by  an  annual  tribute  of  pro¬ 
visions.  They  only  work  to  order;  the  raw  ma¬ 
terials  are  supplied  them,  and,  wherever  feasible, 
they  work  in  the  houses  of  their  customers. 
When  they  ceased  to  be  public  officials,  their 
work  was  paid  in  kind  or  by  service,  in  the  same 
way  as  the  man-at-arms  was  paid  for  his  work 
of  defense.  This  primitive  form  of  industrial 
labor  persisted  as  long  as  the  villages  continued 
to  be  small  and  retained  the  collectivist  form  of 
landed  property.  The  villages  situated  at  the  in¬ 
tersection  of  the  roads,  frequented  by  the  cara¬ 
vans  of  traveling  merchants,  or  near  the  mouths 
of  rivers,  or  the  seaside,  were  the  first  to  undergo 
a  change;  a  temporary  market  was  etsablished 
there  for  which  the  handicraftsman  wrought. 
Wherever  the  artificers  found  means  to  sell  their 
products  they  multiplied ;  instead  of  finding  them¬ 
selves  repulsed  or  received  indifferently,  they 
were  sought  and  welcomed.  The  population  of 
the  villages — transformed  into  towns  and  bor¬ 
oughs— composed  of  specialized  handicraftsmen 
practicing  different  crafts  and  standing  in  need 
of  one  another’s  services,  came  to  establish  a  per¬ 
manent  market  where  the  inhabitants  exchanged 


BOURGEOIS  PROPERTY 


129 


their  products  or  sold  them,  during  the  fairs,  to 
itinerant  traders. 

The  character  of  industry  then  experiences  a 
change ;  the  artificer  becomes  independent  of  his 
customer.  He  no  longer  waits  for  the  latter  to 
supply  him  with  the  material  he  must  work  up; 
he  buys  it,  and  keeps  a  stock  of  it  on  hand;  he 
ceases  to  work  to  order,  and  works  only  with  a 
view  to  sell.  To  his  quality  of  producer  is  super- 
added  that  of  trader ;  he  buys  the  raw  material, 
and  sells  his  finished  work;  he  enlarges  his  shop, 
and  seeks  the  help  of  apprentices  and  journey¬ 
men,  who  work  under  his  direction  and  side 
by  side  with  him,  lodging  in  his  house  and  eating 
at  his  table.  The  fund  he  requires  is  of  so  modest 
a  description  as  hardly  to  deserve  the  name  of 
capital,  in  the  sense  in  which  Marx  employs  the 
word,  even  although  this  fund  be  capital  in  em¬ 
bryo. 

The  increase  of  the  population  in  the  mediaeval 
villages  forbids  the  access  of  new-comers  to  the 
communal  lands,  and  precludes  their  sharing  in 
the  agrarian  divisions.  The  village  lands  re¬ 
mained  the  exclusive  property  of  the  original  in¬ 
habitants  and  their  descendants,  who  constituted 
a  sort  of  municipal  aristocracy,  while,  in  the 
country,  the  exigencies  of  defense  called  into  life 
the  feudal  aristocracy.  The  urban  aristocracy 
has  survived  in  certain  towns  of  democratic 
Switzerland.  In  the  Alsatia  of  our  day  these 
urban  aristocrats  have  become  great  manufac¬ 
turers. 

By  way  of  resisting  the  despotism  of  the  aristo¬ 
crats  of  the  towns,  who  monopolized  the  land 


130 


BOURGEOIS  PROPERTY 


and  power,  the  handicraftsmen  organized  guilds, 
which,  in  the  beginning,  were  open  to  all  the  artifi¬ 
cers  of  the  locality  without  distinction.  These 
guilds  not  only  defended  the  craftsmen  against 
the  municipal  aristocrats,  but  protected  them 
against  their  mutual  competition.  The  market 
in  which  they  sold  their  wares  acquired  a  capital 
importance ;  as  it  was  restricted  to  the  inhabitants 
of  the  town  and  the  itinerant  hawkers  of  the  fairs, 
the  corporations  were  bound  to  see  that  the  mar¬ 
ket  was  not  overstocked  with  goods.  The  cor¬ 
porations  now  became  close,  and  the  number  of 
persons  admitted  into  them,  and  at  liberty,  con¬ 
sequently,  to  open  a  shop  in  the  town,  was  lim¬ 
ited,  as  was  also  the  number  of  journeymen  the 
masters  might  employ  and  wares  they  might  turn 
out.  In  order  to  facilitate  the  quantity  of  and  to 
render  effective  the  supervision  of  the  syndics  of 
the  corporations,  the  craftsmasters  were  obliged 
to  work  with  open  doors  and  windows,  and  some¬ 
times  in  the  streets.  Each  guild  possessed  its 
specialty,  to  which  its  members  were  strictly 
bound  to  adhere — e.g.,  the  bootmakers  were  re¬ 
stricted  to  the  making  of  new  boots,  the  repair¬ 
ing  and  soling  of  old  boots  was  prohibited,  as 
belonging  of  right  to  the  corporation  of  cobblers. 

The  right  of  sale  was  no  less  jealously  pro¬ 
tected  than  that  of  production;  at  the  fairs  the 
seller  was  only  allowed  to  accost  the  buyer  as  he 
passed  in  front  of  the  stall ;  once  he  had  stepped 
beyond  it,  the  seller  had  forfeited  the  right  to 
call  him  back,  or  to  offer  him  goods  for  sale,  for 
he  now  pertained  to  the  owner  of  the  neighbor¬ 
ing  stall.  These  multiplex  and  minute  regula- 


BOURGEOIS  PROPERTY 


131 


tions  attest  the  importance  already  acquired  by 
the  market,  the  expansion  of  which  was,  at  a  later 
date,  to  transform  the  mode  of  production  and 
the  correlative  social  relations. 

In  handicraft  production  lay  this  inherent  con¬ 
tradiction  :  if  the  handicraftsman  was  a  synthetic 
laborer,  combining  in  his  person  the  intellectual 
and  manual  functions  of  his  handicraft,  produc¬ 
tion  and  the  instruments  of  production  were,  on 
the  contrary,  scattered  over  the  land.  Every 
province,  every  borough  and  town,  every  seign¬ 
iorial  domain  and  peasant  farmstead,  produced 
the  food  and  other  necessaries  of  life  required  by 
its  inhabitants,  selling  only  what  was  superfluous, 
and  buying  only  a  few  articles  of  luxury.  As 
they  imported  none  of  the  articles  of  consump¬ 
tion,  the  mediaeval  towns  and  provinces  were 
economically  independent,  and,  as  a  consequence, 
able  to  live  in  a  state  of  isolation ;  they  formed 
so  many  distinct  petty  states,  habitually  at  war 
with  one  another. 

The  economic  theory  which  corresponded  to 
this  dispersion  of  production  tended  to  promote 
their  independence.  The  agriculturists,  who 
were  the  economic  theoricians  of  the  feudal 
epoch,  advised  the  landed  proprietor  to  produce 
all  on  his  own  domain,  so  as  to  have  nothing  to 
purchase  outside  its  limits,  and  we  have  seen  that 
in  the  manors  of  the  feudal  lords  there  existed 
workshops  for  manufacturing  all  and  everything, 
not  excepting  arms. 

That  theory  remained  valid  long  after  the  phe¬ 
nomena  which  had  given  rise  to  it  had  disap- 


132 


BOURGEOIS  PROPERTY 


peared.  When,  in  the  16th  century,  the  silk  in¬ 
dustry  was  imported  into  France  from  Italy,  the 
royal  policy,  instead  of  concentrating  it  in  the 
locality  in  which  it  had  a  chance  of  success,  dis¬ 
seminated  it  over  the  provinces.  Attempts  were 
made  to  rear  the  silk-worm  in  countries  in  which 
it  was  difficult  if  not  impossible  to  cultivate  the 
mulberry  tree,  on  the  leaves  of  which  it  feeds. 
During  the  Revolution  of  1789  it  was  sought  to 
acclimatize  the  cotton  plant,  to  avoid  having  to 
buy  it  abroad ;  and  it  was  the  desire  to  shake  off 
the  tribute  paid  to  the  colonies  by  the  purchase 
of  the  sugar-cane  which  led  to  the  discovery  of 
the  saccharine  properties  of  the  beet-root. 

When  the  warfare  between  castle  and  castle 
abated,  owing  to  the  disappearance  of  the  van¬ 
quished,  whose  lands  were  engrossed  by  the  vic¬ 
tor,  and  there  ensued  a  greater  security  of  the 
highways,  commercial  intercourse  between  the 
different  provinces  became  possible  and  great 
centers  of  handicraft  production  sprang  up.  The 
city  of  Ghent,  which  manufactured  cloths  from 
wool  imported  chiefly  from  England,  possessed 
in  the  14th  century  a  population  of  upwards  of 
half  a  million  inhabitants.  The  development  of 
commerce  shook  the  social  organization  of  the 
feudal  city. 

In  the  towns  which  prospered  industrially,  the 
guild-masters  of  handicrafts  developed  into  close 
corporations,  the  freedom  of  which  was  obtain¬ 
able  only  by  the  privilege  of  birth,  money  or 
royal  favor,  or  else — unless  one  chanced  to  be  a 
son  or  relation  of  a  guild-master — by  serving  a 


BOURGEOIS  PROPERTY 


133 


long  term  of  apprenticeship ;  it  was  necessary  to 
pay  for  learning  the  handicraft,  for  the  right  of 
exercising  it,  and  again  on  being  made  free  of 
the  trade.  The  guild-masters  excluded  a  num¬ 
ber  of  artificers  who  no  longer  worked  on  their 
own  account,  but  in  the  workshops  of  their  mas¬ 
ters.  Heretofore  the  handicraftsman  could  hope 
to  become  a  master  and  a  shopkeeper  in  his  turn ; 
but  in  proportion  as  commerce  and  industry  were 
developed  the  men  lost  all  prospect  of  this ;  shut 
out  from  the  incorporated  trades,  and  at  enmity 
with  the  masters  who  employed  them,  they 
formed  vast  associations  of  journeymen  which 
were  at  once  national  and  international,  whereas 
the  guilds  of  the  masters  were  essentially  local. 
The  masters,  enriched  by  the  development  of 
production,  allied  themselves  with  the  municipal 
aristocrats  in  order  to  cope  with  the  apprentices 
and  journeymen,  who  on  several  occasions  were 
set  on  and  supported  by  the  feudal  nobility,  jeal¬ 
ous  of  the  growing  municipal  aristocracy.  All 
the  industrial  towns  of  the  Middle  Ages  were 
stained  with  blood  by  the  conflicts  between  jour¬ 
neymen  and  craftsmasters. 

The  discovery  of  the  passage  of  the  Indies  by 
rounding  the  Cape  of  Good  Hope,  and  that  of 
America,  which  date  from  the  end  of  the  15th 
century,  by  bringing  the  gold  of  America  into 
the  European  market,  and  by  introducing  trans¬ 
oceanic  commerce,  depreciated  the  value  of  land¬ 
ed  property,  gave  a  decisive  impulse  to  the  rising 
bourgeois  production  in  the  cities  of  the  Medi¬ 
terranean,  the  cities  of  the  Low  Countries,  and 


134 


BOURGEOIS  PROPERTY 


the  Hanseatic  League,  and  opened  the  era  of 
modern  revolution.* 

The  countries  newly  discovered  in  India  and 
America  were  put  to  plunder,  and  turned  into 
markets  for  the  industrial  and  agricultural  prod¬ 
ucts  of  Europe.  England  exported  corn  to 
America;  1’ Auvergne  cheese,,  wine,  etc. 

The  creation  of  the  colonial  market  and  the 
importation  of  American  gold  furthered,  the  de¬ 
velopment  of  manfacturing  industry.  Private  in¬ 
dividuals  were  enabled  to  accumulate  the  funds 
required  for  the  establishment  of  manufactories, 
which  in  the  beginning  were  simply  workshops 
of  artificers,  only  distinguished  from  these  by  the 
greater  number  of  workmen  employed,  and  the 
larger  quantity  of  commodities  manufactured. 
As  these  workshops  infringed  all  the  regulations 
of  the  guilds,  and  encroached  on  the  privileges 
of  the  masters,  they  could  not  be  established  in 
the  towns,  but  had  to  be  set  up  in  the  suburbs, 
the  country  or  the  maritime  cities  which,  newly 
founded,  possessed  neither  municipal  aristocracy 
nor  incorporated  trades.  In  London  and  Paris, 
it  was  outside  the  city  walls,  in  Westminster, 
Southwark,  and  the  Fauborg  St.  Antoine  that  the 

•It  is  the  habit  to  describe  as  revolutionary  political  events  of  a 
tumultuous  and  explosive  character,  while  vastly  less  importance  is 
attached  to  economic  events  of  far  greater  revolutionary  influence 
upon  the  march  of  society  and  the  conditions  of  human  existence. 
The  manners  and  customs  of  the  peasant  have  subsisted  unmodified 
throughout  many  centuries  in  despite  of  wars,  changes  of  frontiers, 
and  social  and  political  vicissitudes.  An  English  anthropologist, 
Mr.  Farrer,  has  remarked  that  the  superstitions  of  the  peasant 
singularly  resemble  those  of  the  savage.  Country  people  have  only 
of  quite  recent  years  been  roused  by  the  establishment  of  railways. 
In  our  day  economic  phenomena  exert  such  preponderating  influence 
that  in  France  changes  of  government  occur,  to  effect  which  there 
is  no  need  to  make  the  cannon  speak ;  it  is  enough  if  the  Deputies 
to  the  Chambers  speak. 


BOURGEOIS  PROPERTY 


135 


manufactories  were  created.  They  were  estab¬ 
lished  by  merchants  enriched  by  the  colonial 
trade,  and  not  by  the  guild-masters,  bound  in  the 
chains  of  routine,  and  fettered  by  corporative 
bonds.  In  the  present  day  we  see  railways  con¬ 
structed  and  directed,  not  by  the  masters  of  stage¬ 
coach  companies,  but  by  financial  men. 

Manufacture,  which  struck  at  the  corporations, 
and  ruined  the  guild-masters  of  handicrafts,  was 
equally  prejudicial  to  the  artificer,  whom  it  appar¬ 
ently  benefited  by  affording  a  greater  regularity 
and  a  greater  quantity  of  labor  and  a  higher  sal¬ 
ary.  Division  of  labor  was  introduced  into  the 
manufactories ;  all  the  operations  of  a  trade  were 
disjoined  and  isolated;  the  manufacture  of  a  pin, 
for  example,  was  decomposed  into  some  twenty 
different  operations,  performed  by  an  equal  num¬ 
ber  of  specialized  laborers.  The  artificer  who, 
heretofore,  had  been  familiar  with  all  the  proc¬ 
esses  of  his  craft,  and  each  of  which  he  accom¬ 
plished  in  turn,  became  now  a  detail  laborer,  con¬ 
demned  for  life  to  execute  a  single  operation. 

The  impulsion  given  to  commerce  and  to  pro¬ 
duction  hastened  the  expansion  of  the  towns, 
which  were  compelled  to  burst  their  bounds  and 
spread  over  the  adjoining  fields.  An  economical 
difficulty  then  arose :  it  became  necessary  to  find 
the  means  of  existence  for  these  newly-created 
populations. 

During  the  primitive  collectivist  period,  the 
town  had  not  come  to  exist,  even  as  the  resi¬ 
dence  of  the  military  chief,  exercising  royal 
power.  The  Merovingian  kings,  like  the  Indian 
princes,  traveled  with  a  more  or  less  numerous 


136 


BOURGEOIS  PROPERTY 


retinue  of  men-at-arms  and  retainers,  followed 
by  artificers  of  divers  trades.  The  spot  on  which 
they  camped  became  a  temporary  city :  they  sub¬ 
sisted  on  the  fees  and  donations  of  the  surround¬ 
ing  country.  The  absence  of  roads  and  the  diffi¬ 
culty  of  communication  precluded  all  permanent 
conglomeration  of  persons;  whom  there  was  no 
means  of  supporting.  The  feudal  cities,  depend¬ 
ent  on  the  agricultural  produce  of  the  neighbor¬ 
ing  localities  for  their  means  of  subsistence,  were 
necessarily  bound  to  restrict  themselves  to  a  lim¬ 
ited  number  of  inhabitants.  So  long  as  the  ab¬ 
sence  of  roads  or  the  insecurity  of  such  as  ex¬ 
isted,  rendered  all  commercial  intercourse  be¬ 
tween  the  towns  impossible  or  difficult,  there 
was  no  question  of  guarding  against  the  expor¬ 
tation  of  the  means  of  subsistence.  But  so  soon 
as  the  means  of  communication  began  to  be  im¬ 
proved,  and  as  men  began  to  transport  grain 
from  one  province  to  the  other,  all  the  towns 
and  provinces  took  measures  for  prohibiting  the 
exportation  of  corn  from  their  territories,  and 
preventing  it  being  monopolized.  In  all  the  Euro¬ 
pean  towns  we  meet  with  regulations  for  the  sale 
of  cereals  in  the  markets  at  stated  times ;  a  maxi¬ 
mum  price  was  fixed,  and  the  quantity  allowed 
to  be  purchased  was  determined ;  the  proprietors, 
under  penalty  of  confiscation,  were  prohibited 
from  garnering  corn  for  more  than  two  years ; 
it  was,  furthermore,  forbidden  to  buy  the  stand¬ 
ing  corn  or  that  already  housed.  The  extension 
of  the  towns,  and  the  difficulty  of  procuring 
provisions  outside  their  own  territories,  turned 
every  bad  harvest  year  into  a  year  of  dearth  or 


BOURGEOIS  PROPERTY 


137 


famine.  The  paramount  concern  of  the  munici¬ 
pal  authorities  was  to  prevent  famines ;  they  or¬ 
dained  the  storing  of  provisions  capable  of  sup- 
plying  the  town  for  at  least  three  months,  and 
saw  to  it  that  a  sufficient  quantity  of  land  was 
annually  sown  with  corn.  An  edict  of  1577,  in 
France,  restricted  the  planting  of  vineyards, 
which  became,  yearly,  more  important,  and  re¬ 
quired  that  for  every  portion  of  land  planted 
with  vines  a  double  portion  be  devoted  to  corn. 

In  order  to  meet  the  new  requirements  it  was 
necessary  that  agriculture  should  be  developed; 
new  lands  were  brought  under  culture,  wood¬ 
lands  were  deforested  and  marshlands  reclaimed, 
while  the  cornfields  were  enlarged.  In  years  of 
good  harvests  the  corn  was  so  abundant  that  the 
price  of  it  ceased  to  be  remunerative;  it  became 
urgent  to  create  fresh  markets.  In  France  the 
circulation  ot  corn  was  permitted  between  the 
provinces,  and  also  the  exportation  of  it  to  Eng¬ 
land  and  the  Colonies.  These  economic  liberties 
were  but  short-lived,  for  no  sooner  had  corn  at¬ 
tained  a  certain  price  in  a  locality  that  its  expor¬ 
tation  was  prohibited.  From  1669  to  1683,  dur¬ 
ing  a  period  of  fourteen  years,  the  exportation 
of  corn  was  permitted  on  nine  occasions  and 
prohibited  during  six  years. 

These  regulations  were  powerless  to  prevent 
local  famines ;  nay,  it  happened  that  they  intensi¬ 
fied  the  same  by  prohibiting  the  exportation  of 
corn  from  a  province  in  which  it  was  super¬ 
abundant;  the  towns  confiscated  corn  in  its  tran¬ 
sit  through  their  territories,  whenever  fearful  of 
competition  or  threatened  with  famine.  Colbert 


138 


BOURGEOIS  PROPERTY 


was  constrained  to  employ  force  to  get  2,500 
sacks  of  corn,  which  the  Parliament  of  Bordeaux 
sought  to  retain,  expedited  to  Paris.  It  would 
happen  that  a  town  suffered  from  famine,  whilst 
at  a  distance  of  some  fifty  miles  the  wheat  sup¬ 
ply  was  abundant.  The  circulation  of  wine,  wool, 
etc.,  was  subjected  to  similar  restraint;  seaports 
like  Bordeaux  and  Marseilles,  in  order  to  com¬ 
mand  a  better  sale  for  their  own  wines,  pre¬ 
vented  the  shipment  of  the  wines  of  the  neigh¬ 
boring  provinces.  Prior  to  the  Revolution  of 
1789,  the  last  royal  ministers  endeavored  to  show 
the  danger  and  uselessness  of  these  regulations ; 
they  caused  them  to  be  temporarily  suspended, 
but  were  always  in  the  last  instance  compelled 
to  re-establish  them.  It  required  a  revolution  to 
abolish  them  and  to  strip  the  peasants  of  their 
privileges,  which  burdened  landed  property  and 
hampered  the  development  of  modern  agricul¬ 
ture,  just  as  the  priveleges  of  the  corporations 
had  shackled  the  development  of  industry. 

The  incorporated  trades  that  opposed  the  es¬ 
tablishment  of  manufactures  in  their  towns  stood 
in  fear,  above  all  things,  of  innovations ;  in  or¬ 
der  to  maintain  the  industrial  equality  of  the 
masters  of  handicrafts,  and  to  prevent  the  one 
from  enjoying  an  advantage  not  shared  by  the 
other,  the  introduction  of  new  processes  and  im¬ 
provements  of  any  kind  were  prohibited.  Ar- 
gand,  the  inventor  of  a  lamp  with  a  double  air- 
current,  which  tripled  the  lighting  capacity  of 
the  oil,  was,  in  the  18th  century,  had  before  the 
Parliament  of  Paris,  by  the  corporation  of  tin- 
workers,  who  claimed  the  exclusive  right  of 


BOURGEOIS  PROPERTY 


139 


manufacturing  lamps.  It  was  due  to  the  influ¬ 
ence  of  the  royal  courtesans,  Mesdames  Pompa¬ 
dour,  Du  Barry,  and  Marie  Antoinette  that 
printed  calicoes  were  allowed  to  be  sold ;  for  the 
chambers  of  commerce  of  Rouen,  Lyons,  and 
Amiens  had  protested  energetically,  predicting 
the  ruin  of  industry  and  a  cataclysm  in  France 
if  the  manufacture  of  these  cottons  was  author¬ 
ized. 

The  feudal  fetters  which  impeded  the  develop¬ 
ment  of  agriculture  and  industry  once  broken, 
bourgeois  property  was  free  to  implant  itself  and 
begin  its  evolution. 

The  landlord  obtained  the  right  of  enclosing 
his  fields ;  the  people’s  right  of  pasture  after  the 
harvest  was  abolished.  This  right  of  enclosure 
was  of  supreme  importance,  for,  anterior  to  it, 
the  landlord  could  apply  no  other  methods  of 
culture  than  those  employed  by  the  commoners 
in  general,  on  pain  of  seeing  his  harvests  prowled 
on  by  their  cattle.  This  right  of  enclosure  was, 
too,  the  right  most  loudly  clamored  for  in  France 
in  the  18th  century.  The  common  lands,  where- 
ever  it  was  possible,  were  divided ;  were  given 
away,  that  is,  to  the  bourgeois ;  for  the  inhabit¬ 
ants  of  the  community  to  whom  they  were  ap¬ 
portioned  sold  them  at  a  nominal  price ;  this 
partition  of  the  land,  for  which  a  multiplicity  of 
philanthropical  and  moral  reasons  has  been  ad¬ 
duced,  was  but  a  means  of  preventing  the  small 
peasant  from  possessing  cattle,  and  of  depriv¬ 
ing  him  of  his  resources  in  order  to  turn  him  into 
a  wage-laborer.  The  church  property,  which 
ought  to  have  been  restituted  to  the  poor,  to 


140 


BOURGEOIS  PROPERTY 


whom  it  belonged,  was  plundered  with  the  ut¬ 
most  brutality  and  cynicism  in  England  as  well 
as  in  France ;  for  everywhere  the  bourgeois  is 
animated  by  the  same  thievish  instincts. 

Leopold  Delisle,  in  the  preface  of  his  history 
of  the  agricultural  classes  of  the  Middle  Ages, 
observes :  “A  significant  fact  is  the  stationary 
condition  of  our  agriculture  for  the  last  five  cen¬ 
turies,  from  the  10th  to  the  15th.  Almost  all  of 
the  practices  described  in  our  old  records  hold 
good  to  this  day  among  our  laborers ;  to  such 
an  extent  that  a  13th  century  peasant  who  should 
visit  one  of  our  small  farms,  would  experience 
but  little  surprise.”  But  this  same  13th  century 
peasant  would  feel  lost  in  one  of  the  great  mod¬ 
ern  farms  on  which  the  methods  of  mechanical 
agriculture  are  applied. 

The  most  improved  methods  of  culture  have 
transformed  agricultural  products  and  increased 
the  produce.  Modern  agriculture  is  ruinous ;  it 
exhausts  the  soil,  alike  by  the  abundance  of  the 
crops  and  their  exportation  abroad.  Their  con¬ 
sumption  in  the  towns  interferes  with  the  cir¬ 
culation  of  matter  which  formerly  went  on  be¬ 
tween  the  soil  and  animals  and  man,  in  the  form 
of  meat,  grain,  and  fruit,  etc.,  consumed  by  him, 
and  back  from  man  and  beast  to  the  soil,  in  the 
shape  of  excrements.  So  long  as  the  consump¬ 
tion  of  the  harvest  took  place  upon  the  spot  the 
circulation  was  complete;  to  remedy  the  present 
defective  circulation  it  has  become’ necessary  to 
restore  the  fertility  of  the  soil  by  artificial  means 
— by  gorging  it  with  manures  brought  from  afar, 
from  South  America  and  the  Napoleonic  battle- 


BOURGEOIS  PROPERTY 


141 


fields,  and  with  artificial  and  chemical  manures. 

Modern  agriculture  demands  a  vast  expendi¬ 
ture  of  labor;  but  in  proportion  as  more  labor 
was  required,  in  the  same  proportion  the  indus¬ 
trial  towns  drew  off  the  laborers  and  depopulat¬ 
ed  the  country.  “There  is  a  lack  of  agricultural 
hands,”  has  been  the  general  cry  for  the  last 
eighty  years ;  and  it  is  this  dearth  of  agricultural 
laborers  which  has  furnished  the  necessary  in¬ 
citement  for  the  procurement  of  the  means  of  la¬ 
bor  in  abundance.  The  application  of  machinery 
to  agricultural  labor  became  an  imperative  neces¬ 
sity  ;  but  machinery  can  only  be  applied  on  great 
farms ;  wherefore  the  concentration  of  land  was 
a  pre-requisite  for  the  application  of  machinery 
and  the  introduction  of  scientific  agriculture. 

In  1857  M.  Leonce  de  Lavergne  cited,  by  way 
of  example,  a  farm  of  the  Department  of  l’Oise 
on  which  1,250  acres  of  beet-root  were  cultivated, 
and  8,250  bushels  of  wheat  were  gathered. 
“There  is  nothing  more  colossal  to  be  met  with 
in  England,”  he  exclaimed  exultingly.* 

But  how  insignificant  do  these  colossal  farms 
appear  when  compared  with  the  Bonanza  farms 
of  the  New  World. 

Since  1874  an  American  cultivator,  Mr.  Dal- 
rymple,  whose  name  has  obtained  a  world-wide 
celebrity,  has  directed  the  operations  of  six 
farms,  of  an  area  of  75,000  acres,  belonging  to 
a  financial  company.  He  divided  these  farms 
into  sections  of  2,000  acres,  subdivided  into  three 
lots  of  650  acres.  These  75,000  acres  are  cul¬ 
tivated  by  a  regiment  of  600  laborers,  under  a 

•Lfionce  de  Lavergne,  “L’ Agriculture  et  la  Population.”  Parit. 


142 


BOURGEOIS  PROPERTY 


military  discipline.  At  harvest  time  the  central 
administration  engages  from  500  to  600  supple¬ 
mentary  laborers,  and  distributes  them  among 
the  different  sections.  As  soon  as  the  autumn 
operations  are  ended  the  men  are  discharged, 
with  the  exception  of  the  foreman  and  110  men 
per  section.  In  certain  farms  of  Dakota  and 
Minnesota  the  mules  and  horses  do  not  winter 
on  the  field  of  operation ;  once  the  ground  is 
broken  they  are  sent  southward  and  return  only 
in  the  following  spring.  Mounted  mechanicians 
accompany  the  plows,  sowing  machines,  etc., 
ready  at  a  moment’s  notice  to  repair  the  ma¬ 
chinery  out  of  order.  The  grain  is  conveyed 
to  the  threshing  machines,  which  are  in  operation 
night  and  day;  it  is  threshed  and  winnowed  and 
sacked  automatically,  and  despatched  to  the  rail¬ 
roads  which  adjoin  the  farms,  and  from  thence 
to  Duluth  or  Buffalo.  Every  year  Mr.  Dal- 
rymple  increases  the  acreage  under  culture  by 
5,000  acres;  in  1880  it  amounted  to  25,000  acres. 

At  the  same  time  that  the  bourgeoisie  of  Eu¬ 
rope  stripped  the  peasants  of  the  communal  lands 
and  feudal  privileges,  it  imposed  upon  them  trib¬ 
utes  of  blood  and  money;  it  left  them  at  the 
mercy  of  the  usurers,  who  converted  them  into 
nominal  proprietors,  exposed  to  the  competition 
of  the  great  land  owners  and  farmers  of  America 
and  India.  These  and  other  causes  combined  to 
accelerate  the  expropriation  of  the  peasant  and 
his  conversion  into  a  proletarian.  In  America, 
where  financial  agriculture  is  carried  to  the  high¬ 
est  pitch  of  perfection,  we  meet  also  with  the 
most  highly  developed  agricultural  proletariat. 


BOURGEOIS  PROPERTY 


143 


The  cultivators  of  the  corn-growing  States  of 
the  Union  may  be  classed  under  four  great  cate¬ 
gories :  1,  the  day  laborers  or  agricultural 

proletarians ;  2,  the  small  farmers  (peasant  pro¬ 
prietors  and  metayers )  ;  3,  proprietors  who  di¬ 
rect  the  cultivation  of  their  land;  4,  great  finan¬ 
cial  farmers  of  whom,  in  Europe,  the  only  coun¬ 
terparts  are  to  be  found  in  different  parts  of 
Roumania  and  in  the  south  of  Russia. 

The  great  majority  of  the  cultivators  is  com¬ 
posed  of  proletarians,  who  do  not  possess  an 
inch  of  land  or  a  hut  of  mud ;  they  do  not  own 
the  bed  on  which  they  lie  or  the  spoon  they  eat 
with ;  they  realize  the  ideal  of  men  stripped  of 
all  private  property  save  that  which  they  directly 
appropriate  in  the  shape  of  food  or  clothing. 
They  have  no  fixed  abode  in  the  fields  they  cul¬ 
tivate,  and  which  they  abandon  as  soon  as  the 
work  is  done.  The  managers  of  the  financial 
farms  recruit  the  laborers  everywhere ;  in  the 
villages  and  large  towns  the  latter  are  hired  by 
the  day,  week  or  month.  The  men  are  engaged 
for  the  agricultural  campaign,  placed  under  the 
direction  of  overlookers  and  foremen  and  con¬ 
veyed  to  the  farms ;  they  are  lodged  and  fed  and 
supplied  with  medicine  and  paid  a  wage.  They 
are  drilled  and  formed  into  regular  agricultural 
regiments,  and  subjected  to  a  military  discipline. 
They  rise,  feed,  and  go  to  bed  at  prescribed 
hours;  throughout  the  week  spirits  are  prohibit¬ 
ed  ;  on  Sundays  the  men  are  free  to  go  and 
drink  at  the  neighboring  ale-houses.  When  the 
work  is  performed  in  autumn  they  are  dis¬ 
charged;  during  the  winter  months  only  a  small 
number  of  men  is  kept  on  at  the  farms  to  tend 


144 


BOURGEOIS  PROPERTY 


the  cattle  and  to  take  care  of  the  farm  imple¬ 
ments.  The  rest  return  to  the  towns  and  village* 
to  practice  whatever  trade  they  can  put  them¬ 
selves  to. 

The  transformation  of  landed  property  and  of 
its  mode  of  culture  was  necessitated  by  the 
transformation  undergone  by  industrial  and 
financial  property.  The  country,  in  order  to 
supply  the  men  and  money  required  by  industry 
for  its  workshops  and  colossal  enterprises  (rail¬ 
ways,  tunnels,  etc.),  unparalleled  since  the  giant 
achievements  of  the  period  of  primitive  com¬ 
munism,  was  drained  of  its  population,  and  the 
hiding-places  in  which  the  peasants  had  depos¬ 
ited  their  savings  were  cleared  out. 

At  previous  epochs  the  citizens,  with  the  ex¬ 
ception  of  an  infinitesimal  minority  of  noblemen, 
priests,  and  artificers,  satisfied  all  their  wants  by 
cultivating  the  land;  in  the  bourgeois  world  an 
ever-increasing  mass  of  citizens  is  divorced  from 
agricultural  labor,  and  engaged  in  industrial  and 
commercial  pursuits,  and  dependent  for  their 
means  of  subsistence  on  the  population  employed 
in  tilling  the  soil. 

Ill 

A  mediaeval  village  was  an  economic  unit,  be¬ 
cause  within  its  limits  all  the  handicrafts  were 
practiced  which  the  villagers  required.  Capital¬ 
ist  production  begins  by  destroying  this  economic 
unit;  it  dissociates  the  handicrafts  and  isolates 
them,  assigning  to  special  centers  the  exercise 
of  distinct  crafts.  A  town  or  province  no  longer 
produces  all  the  articles  required  by  its  inhabit- 


BOURGEOIS  PROPERTY 


145 


ants ;  it  relies  upon  other  towns  or  provinces  for 
the  manufacture  of  special  goods.  The  silk 
manufactures  that  it  had  been  sought  to  disperse 
over  France  were,  by  the  end  of  the  last  century, 
almost  wholly  concentrated  in  Lyons  and  its  en¬ 
virons.  The  textile  manufactures  of  wool,  flax, 
and  cotton  are  centralized  in  certain  districts, 
whilst  the  production  of  iron,  beetroot-sugar,  etc., 
is  confined  to  others. 

The  ancient  communal  and  provincial  units 
have  been  destroyed,  and  in  their  place  units  of 
a  different  sort  have  been  constituted.  The  an¬ 
cient  units  were  complex;  they  were  formed  by 
the  conglomeration,  in  a  township  or  province, 
of  all  the  industries  required  by  it;  whereas  the 
modem  economic  units  are  simple.  They  are 
constituted  each  by  a  single  industry — iron  or 
sugar  here,  cotton  or  leather  yonder.  A  capi¬ 
talistic  nation,  like  France,  is  not  subdivided  into 
provinces  or  departments  in  harmony  with  its 
geographical  configuration  and  historical  tradi¬ 
tions,  but  is  divided  into  simple  economic  units : 
into  cotton  districts  or  wine  districts,  corn-grow¬ 
ing  or  sugar-growing  regions,  carboniferous  or 
silk  producing  centers.  All  of  these  industrial 
units  are  interdependent  from  their  reciprocal 
wants,  no  one  industry  center  being  capable,  like 
the  mediaeval  cities,  of  subsisting  a  month  or  even 
a  week  without  the  support  of  other  centers.  If, 
for  example,  the  town  of  Rouen  supplies  the 
whole  of  France  with  cotton  goods,  she  imports 
her  corn  from  La  Beauce,  her  cattle  from  the 
north,  her  coals  from  the  Loire,  her  oil  from 
Marseilles,  and  so  forth.  A  capitalistic  nation  is 


146 


BOURGEOIS  PROPERTY 


a  gigantic  workshop,  and  every  specialty  of  social 
production  is  executed  in  special  centers,  situated 
at  great  distances  from  one  another  but  nar¬ 
rowly  knit  together  by  reciprocal  wants.  The 
political  autonomy  of  the  mediaeval  townships 
has  become  an  impossibility;  the  correlation  of 
economic  wants  serves  as  a  basis  for  the  political 
unity  of  the  nation.  Capitalist  production,  which 
has  destroyed  the  local  and  provincial  unity  of 
handicraft  production,  is  about  to  destroy  the 
national  unity  of  its  own  creation  and  to  replace 
it  by  a  vaster,  an  international  unity. 

England,  that  was  the  first  nation  to  apply 
machinery,  had  manifested  the  pretension  of  con¬ 
straining  the  rest  of  the  nations  to  become  ex¬ 
clusively  agricultural  countries,  reserving  for 
herself  the  industrial  role.  Lancashire  was  to 
weave  all  the  cotton  produced  by  the  Indies  and 
the  United  States.  This  premature  attempt  at 
an  international  industrial  monopolization  has 
miscarried.  America,  at  the  present  day,  manu¬ 
factures  cotton  goods  in  excess  of  her  require¬ 
ments,  and  India,  whose  cotton  industry  had 
been  ruined  by  England,  has  taken  to  weaving 
by  machinery.  Sixteen  years  ago  the  consump¬ 
tion  of  cotton  by  the  manufactories  of  India 
amounted  to  87,000  bales ;  in  1885  the  consump¬ 
tion  of  cotton  amounted  to  585,000  bales.* 

India  was  the  cradle  of  the  cotton  industry; 
calicoes  first  came  from  Calcutta,  and  muslin 
from  Mosul ;  ere  long  the  Indian  cottons,  manu¬ 
factured  in  the  proximity  of  the  cotton  fields, 
will  once  again  invade  the  European  markets 


•Thomas  Ellison,  “The  Cotton  Trade  of  Great  Britain.”  1886. 


BOURGEOIS  PROPERTY 


147 


and,  in  their  turn,  ruin  the  industry  of  Manches¬ 
ter  and  the  cotton  centers  of  the  Continent.  The 
cotton  goods  of  India  and  the  United  States  will 
supplant  those  of  Rouen  and  Manchester.  A 
Yankee  merchant,  impressed  by  the  impending 
fate  of  the  Lancashire  manufacturers,  charitably 
advised  them  to  transport  their  machinery  to 
Louisiana,  where  they  would  have  the  raw  ma¬ 
terial  close  at  hand,  and  so  save  the  expense  of 
its  conveyance.  The  international  displacement 
of  an  industry  goes  on  under  our  eyes ;  the  manu¬ 
factories  are  drawn  into  the  sphere  of  the  agri¬ 
cultural  centers  which  produce  the  raw  material. 
But  before  they  had  become  industrial  centers 
India  and  the  United  States  had  held  Europe  in 
subjection,  thanks  to  their  agricultural  produc¬ 
tion.  The  War  of  Secession  of  the  United 
States,  from  1861  to  1865,  threw  out  of  work 
the  weavers  of  France  and  England;  and  exag¬ 
gerated  the  cultivation  of  cotton,  “the  golden 
plant,”  in  Egypt,  whilst  it  ruined  the  fellahs  and 
delivered  up  Egyptian  finance  into  the  hands  of 
Rothschild  and  other  cosmopolitan  bankers. 

The  wheat  production  is  in  the  act  of  being 
centralized  in  certain  parts  of  the  world.  Eng¬ 
land,  that  in  the  17th  century  produced  corn 
sufficient  for  her  home  consumption,  with  a  sur¬ 
plus  for  exportation,  at  the  present  moment  im¬ 
ports  from  America,  Australia,  and  India  more 
than  one-half  of  the  wheat  she  consumes.  The 
nations  of  Europe  today  are  in  a  state  of  eco¬ 
nomic  dependence  on  one  another,  and  on  the 
half-civilized  countries.  This  international  eco¬ 
nomic  interdependence  is  on  the  increase,  and 


148 


BOURGEOIS  PROPERTY 


will,  in  times  to  come,  form  the  basis  of  the  po¬ 
litical  unity  of  human  kind,  a  unity  which  will 
be  founded  on  the  ruins  of  the  existing  national 
unities. 

IV 

Capitalist  production  has  advanced  from  the 
local  and  provincial  political  units  to  the  national 
political  units  by  creating  industrial  organisms 
which  could  not  have  been  constituted  but  for 
the  local  concentration  of  production  and  the  de¬ 
composition  of  the  process  of  production.  Thus, 
while  manufacturing  production  agglomerated 
the  laborers  and  the  means  of  production  in  its 
workshops,  it  introduced  the  division  of  labor 
which  decomposed  the  instrument  of  labor  and 
condemned  the  laborer  to  the  lifelong  execution 
of  a  single  operation.  The  implements  of  the 
artificer  were  few  and  simple,  whereas  those  of 
the  industrial  manufacturer  are  complex  and  mul¬ 
tifarious.  In  proportion  as  the  fractional  laborer 
became  unfit  for  all  save  a  single  operation,  the 
instrument  of  labor — developing  on  the  same 
lines — was  differentiated  and  became  specialized. 
In  certain  manufactories  from  four  to  five  hun¬ 
dred  hammers  of  different  shapes  and  weights 
were  employed,  each  hammer  serving  exclusively 
to  execute  a  special  operation.  The  great  me¬ 
chanical  industry  has  undone  the  work  of  manu¬ 
facture  ;  it  has  torn  the  instruments  of  labor  out 
of  the  hands  of  the  detail  laborer,  and  has  an¬ 
nexed  them  to  a  framework  of  steel  and  iron, 
which  is,  so  to  say,  the  skeleton  of  the  machine 
tool,  while  the  instruments  annexed  to  it  are  its 


BOURGEOIS  PROPERTY 


149 


organs.  The  machine  tool  is  a  mechanical  syn¬ 
thesis. 

But  capitalist  production  has  produced  yet  an¬ 
other  synthesis. 

In  domestic  industry  there  is  an  economic  unit ; 
the  same  family  transforms  the  raw  material 
(wool,  flax,  etc.),  which  it  has  produced;  this 
unit  has  been  decomposed.  Already  in  the  most 
primitive  communities  we  see  certain  industries 
fall  to  the  lot  of  certain  individuals,  who  are 
professional  wheelwrights,  smiths,  weavers,  or 
tailors,  etc.;  later  on,  in  order  to  obtain  an  eco¬ 
nomic  unit,  we  have  no  longer  to  consider  an 
isolated  family  but  the  entire  village  or  burgh. 
With  the  development  of  commerce  and  the 
progress  of  industry,  these  distinctive  industries 
were  multiplied  and  became  specialties  devolving 
upon  certain  artificers,  grouped  in  corporations. 

It  is  on  the  basis  of  the  specialization  of  in¬ 
dustries  in  the  cities  that  capitalist  production 
was  built  up.  It  commenced  by  establishing 
weavers’,  dyers’,  wheelwrights’,  and  cabinet 
makers’  workshops,  in  the  interior  of  which  the 
division  of  labor  and  the  machine  accomplished 
their  revolutions.  But  these  manufactures,  which 
subsequently  were  converted  into  colossal  fac¬ 
tories,  remained,  like  the  small  artificer’s  work¬ 
shop,  restricted  to  a  special  industrial  process, 
or  to  the  production  of  a  commodity  and  its 
varieties ;  weavers  did  nothing  but  weave  and 
spinners  did  nothing  but  spin.  But  these  spe¬ 
cialized  manufactories  cease  to  be  isolated;  a 
number  of  them  come  to  be  agglomerated  and 
are  attached  to  a  factory.  Dyeworks,  print- 


150 


bourgeois  property 


works,  etc.,  establish  themselves  in  the  neig 
borhood  of  mechanical  weaving  and  spinning 
industries,  so  that  under  one  and  the  same  cap¬ 
italistic  administration  the  raw  material  goes 
through  the  entire  series  of  its  industrial  trans¬ 
formations.  And  this  conglomeration  has  not 
been  confined  to  complementary  industries,  but 
has  taken  place  in  quite  independent  industries. 
This  centralization  does  not  necessarily  occur  in 
one  and  the  same  spot ;  frequently  the  different 
factories  are  set  up  in  different  localities,  situated 
at  a  considerable  distance  from  one  another,  but 
under  the  control  of  the  same  administration. 

The  National  Banks,  such  as  the  Banks  of 
England  and  France,  are  types  of  these  complex 
industrial  organizations  which  spread  all  over 
the  land.  A  national  bank  possesses  paper  mills 
for  the  manufacture  of  the  paper  for  its  bank¬ 
notes  ;  printing  presses  and  engravers’  workshops 
for  printing  and  engraving  the  same;  and  pho¬ 
tographic  apparatus  for  the  detecting  of  forger¬ 
ies  ;  it  founds  hundreds  of  branch  offices  in  com¬ 
mercial  and  industrial  centers ;  enters  into 
connection  with  town  and  country  bankers .  at 
home,  as  well  as  the  national  bankers  of  foreign 
countries.  The  central  bank  becomes,  so  to  say, 
the  heart  of  the  financial  system  of  the  country; 
and  so  ingeniously  organized  is  the  system  that 
the  pulsations  of  the  national  bank — the  rise  or 
fall  of  its  rate  of  discount — find  an  echo  in  the 
remotest  villages  of  the  country,  and  even  react 
on  the  money  markets  of  foreign  nations. 

Another  striking  type  is  the  Times  newspaper. 
This  industrial  organism  employs  a  legion  of 


BOURGEOIS  PROPERTY 


151 


correspondents,  scattered  over  the  four  quarters 
of  the  globe;  telegraph  wires  connect  it  with  the 
great  capitals  of  Europe ;  it  manufactures  its 
own  paper,  founds  its  own  type,  and  employs  a 
set  of  mechanicians  to  superintend  and  repair 
its  machinery ;  it  composes,  stereotypes,  and  pub¬ 
lishes  its  sixteen  large  pages  of  printed  matter, 
and  possesses  horses  and  carts  for  distributing 
the  papers  to  other  retail  vendors.  All  that  it 
still  wants  are  alfa-fields  in  Africa  to  supply  the 
raw  material  for  the  paper,  and  these  it  will,  in 
good  time,  no  doubt,  contrive  to  acquire.  There 
will  come  a  day  when  American  and  Indian 
manufacturers  will  adjoin  to  their  factories  fields 
for  the  cultivation  of  the  cotton  plant  and  work¬ 
shops  for  the  working  up  of  their  calicoes  into 
articles  of  clothing.  Scotch  woolen  manufactur¬ 
ers  have  already  opened  establishments  in  Lon¬ 
don  in  which  they  sell  in  the  shape  of  ready-made 
garments  the  woolen  goods  they  have  manufac¬ 
tured.  Capitalistic  industry  is  in  the  act  of  re¬ 
constituting  the  economic  unit  of  domestic  pro¬ 
duction  ;  heretofore  the  same  peasant  family  pro¬ 
duced  the  raw  material  which  it  wrought  up  into 
industrial  products ;  one  and  the  same  capitalistic 
administration  will  by-and-by  undertake  to  pro¬ 
duce  the  raw  material,  transform  it  into  indus¬ 
trial  products,  and  sell  these  to  the  customer. 

By  means  of  the  division  of  labor,  capitalist 
production  began  by  destroying  the  unit  of  labor 
represented  by  the  handicraftsman ;  thereupon  it 
proceeded  to  reconstitute  that  unit  of  labor,  no 
longer  represented  by  the  laborer,  but  by  “the 
iron  man,”  the  machine.  At  present  it  tends  to 


152 


BOURGEOIS  PROPERTY 


constitute  giant  organisms  of  production,  com¬ 
posed  of  industries  the  most  diverse  and  oppo¬ 
site;  the  special  industries  which  are,  so  to  say, 
the  organs  of  these  monsters,  may  exist  apart,  at 
enormous  distances  from  one  another,  and  be 
divided  by  political  frontiers  and  geographical 
obstacles  (mountains,  rivers,  or  seas).  These  in¬ 
ternational  ogres  of  labor  consume  heat,  light, 
electricity,  and  other  natural  forces,  as  well  as 
the  brain  power  and  muscular  power  of  man. 

Such  is  the  economic  mould  in  which  the  hu¬ 
man  material  of  the  nineteenth  century  is  run. 

V 

Simultaneously  with  the  extension  of  the  manu¬ 
facturing  system  and  the  factories,  property,  un¬ 
der  the  form  of  gold  and  silver,  underwent  a 
change.  At  the  outset,  these  two  metals,  even 
when  stamped  and  converted  into  money,  were 
property  of  an  essentially  private  character ;  their 
owner  hoarded  them  or  used  them  for  personal 
ornament.  In  India  and  the  countries  of  the 
East  the  latter  is  still  one  of  the  uses  they  are 
chiefly  put  to.  They  but  rarely  served  as  a 
means  of  exchange,  the  products  themselves  be¬ 
ing  ordinarily  bartered.  The  feudal  kings  could 
utter  false  coin,  or  debase  the  coin,  without 
very  materially  injuring  the  commercial  trans¬ 
actions  of  their  subjects.  But  when,  with  the 
advent  of  the  commercial  period,  gold  and  silver 
became  the  representative  signs  of  value,  the 
standard  measure  of  all  commodities,  these  met¬ 
als  acquired  the  right  to  breed  legitimately,  to 


BOURGEOIS  PROPERTY 


153 


bear  legal  interest;  till  then  lending  on  interest 
had  been  considered  dishonorable ;  a  practice  de¬ 
fensible  only  towards  the  stranger — “who  is  the 
enemy,”  says  the  unlovely  God  of  the  Jews. 
Lending  money  for  profit  was  condemned  by  the 
Pope  and  Councils.  Such  as  were  addicted  to 
the  practice  were  hated  and  condemned.  Ex¬ 
posed  to  danger  of  every  sort,  they  jeopardized 
their  lives  and  fortunes.  The  Jews  of  the  Mid¬ 
dle  Ages,  those  accumulators  of  gold  and  silver, 
alive  to  the  risks  incurred  by  their  beloved  gold, 
put  their  faith  in  the  promises  neither  of  king 
nor  nobles,  and  only  advanced  moneys  on  the 
deposits  of  precious  stones,  or  on  equally  good 
security. 

The  bourgeois  rehabilitated  usury,  and  exalted 
the  business  of  the  money-lender  into  one  of  the 
most  lucrative  and  honorable  of  civilized  func¬ 
tions  ;  to  live  on  one’s  income  as  a  fund-holder 
is  the  bourgeois’  ideal  life.  In  the  16th  century, 
while  Calvin,  the  authorized  representative  of 
the  religious  manifestation  of  the  bourgeois  eco¬ 
nomic  revolution,  was  legitimating  the  lending  on 
interest  in  the  name  of  all  the  theological  virtues, 
the  Chancellor  Duprat  laid  the  foundations,  in 
France,  of  the  public  debt  by  creating  in  1522 
perpetual  annuities  at  a  rate  of  interest  of  8  per 
cent,  called  rentes  de  V hotel  de  ville.  The  public 
debt  became  the  saving-bank  of  the  bourgeoisie, 
where  they  deposited  the  money  they  could  find 
no  employment  for  in  business.  In  earlier  ages, 
the  temple  of  Jerusalem,  the  house  of  Jehovah, 
filled  that  office ;  it  served  as  a  bank  for  deposits, 
and  the  Jews  from  every  part  of  the  world  stored 


154 


BOURGEOIS  PROPERTY 


their  precious  metals  there ;  but  those  deposits 
bore  no  interest. 

The  public  debt  is  a  bourgeois  improvement. 
The  kings  of  France,  prior  to  1789,  still  imbued 
with  the  feudal  ideas  on  usury,  were  wont,  on  an 
emergency,  to  lower  the  rate  of  interest  by  a 
fourth  or  one-half,  and  at  times  even  to  suspend 
payment.  Other  European  sovereigns  acted  quite 
as  unceremoniously  by  their  fund-holders.  This 
aristocratic  fashion  of  treating  their  creditors  has 
been  made  a  constant  reproach  to  the  feudal  gov¬ 
ernment  by  the  bourgeoisie :  one  of  the  first  acts 
of  the  Bourgeois  Revolution  of  1789  was  to  pro¬ 
claim  the  inviolability  of  the  public  debt  and  to 
place  it  above  all  political  revolutions  and  all  con¬ 
tingent  changes  of  government.  The  public  debt 
was  thenceforward  solidly  constituted.  “The 
public  debt,”  says  Marx,  “becomes  one  of  the 
most  powerful  levers  of  primitive  accumulation. 
As  with  the  stroke  of  an  enchanter’s  wand,  it  en¬ 
dows  barren  money  with  the  power  of  breeding, 
and  thus  turns  it  into  capital  without  the  neces¬ 
sity  of  its  exposing  itself  to  the  troubles  and  risks 
inseparable  from  the  employment  in  industry  or 
even  in  usury.  The  State  creditors  actually  give 
away  nothing,  for  the  sum  lent  is  transformed 
into  public  bonds,  easily  negotiable,  which  go  on 
functioning  in  their  hands  just  as  so  much  hard 
cash  would.”*  It  is  just  as  if  the  bank-notes  bore 
interest. 

The  establishment  of  the  public  credit,  while 
it  afforded  a  hitherto  unparalleled  security  to  the 


Karl  Marx,  “Capital, tf  chap.  xxxl. 


BOURGEOIS  PROPERTY 


155 


individual  capitalist,  enhanced  the  influence  of 
the  financiers  to  whom  the  Government  were 
obliged  to  apply  for  money,  a  fact,  however,  which 
in  no  wise  prevented  the  kings  of  the  old  regime 
from  treating  them  like  the  Jews  of  the  Middle 
Ages ;  dragging  them  before  the  courts  of  jus¬ 
tice,  despoiling  and  hanging  them.  Howbeit,  a 
century  before  the  Revolution  of  1789  their  in¬ 
fluence  in  society  had  become  so  considerable  that 
the  highest  nobility  solicited  the  favor  of  giving 
their  daughters  in  marriage  to  the  upstarts  of 
finance,  in  order  to  acquire  the  right  of  sharing 
their  millions. 

The  social  ascendency  gained  by  finance,  and 
which  keeps  on  growing,  is  an  economical  neces¬ 
sity  at  a  time  when  great  commercial,  industrial, 
and  agricultural  enterprises,  banks,  railways, 
canals,  high  furnaces,  etc.,  have  outgrown  the 
means  of  private  capitalists  to  carry  them  out, 
and  require  associated  capital  for  their  execu¬ 
tion  ;  the  function  of  the  financier  is  first  to  ac¬ 
cumulate  capital  and  afterwards  to  distribute  it 
according  to  the  requirements  of  industry  and 
commerce.  In  a  society  based  on  mechanical  in¬ 
dustry,  the  importance  of  the  capital  sunk  in  the 
instruments  of  labor  (the  constant  capital  of 
Marx)  ;  the  quantity  of  circulating  capital  (  vari¬ 
able  capital )  ;  the  rapidity  and  abundance  of  pro¬ 
duction  ;  the  distance  from  the  markets,  the  time 
required  for  the  sale  of  the  goods  and  realization 
of  the  payments,  all  make  of  finance  the  pivot  of 
the  economic  system. 

But  finance,  mechanical  industry,  and  modern 
methods  of  cultivation  could  not  develop  without 


156 


BOURGEOIS  PROPERTY 


essentially  modifying  the  character  of  property, 
by  converting  it  from  a  personal  thing  into  an 
impersonal  thing;  biding  the  time  when  it  shall 
resume  its  primitive  form  and  once  again  be¬ 
come  common. 

In  the  system  of  small  landed  property  and 
petty  industry,  property  was  an  appendage  of  the 
proprietor,  as  his  implement  was  an  appendage 
of  the  artificer.  An  industrial  enterprise  de¬ 
pended  upon  the  personal  character  of  the  pro¬ 
prietor:  his  thrift,  activity,  and  intelligence,  just 
as  the  perfection  of  his  work  depended  upon  the 
skill  of  the  artificer  who  handled  the  implement. 
It  was  impossible  for  the  proprietor  to  sicken, 
age,  or  retire  without  endangering  the  success  of 
the  industrial  undertaking  of  which  he  was  the 
soul.  He  fulfilled  a  social  function  that  had  its 
pains  and  penalties,  it  profits  and  rewards.  Prop¬ 
erty,  at  that  epoch,  was  truly  personal,  whence 
the  popular  saying :  “La  propriete  est  le  fruit  du 
travail.”  But  modern  production  has  reversed 
the  terms ;  the  capitalist  is  no  longer  an  appen¬ 
dage  of  his  property  whose  prosperity  no  longer 
depends  upon  his  individual  worth.  The  eye  of 
the  master  has  lost  its  occupation.  All  great 
financial,  agricultural,  and  industrial  undertak¬ 
ings  are  directed  by  administrations  more  or  less 
successfully  organized  and  highly  paid.  The 
function  of  the  modern  proprietor  consists  in 
pocketing  his  income  and  squandering  it  on  wine 
and  women ;  not  a  social  function  is,  in  our  day, 
assigned  to  the  proprietor  in  the  technical  organ¬ 
ization  of  producers  who  are  all  wage-laborers. 
After  having  filled  a  useful  part  in  production, 


BOURGEOIS  PROPERTY 


157 


the  proprietor  has  become  useless  anri  even  a 
nuisance,  as  a  bourgeois  economist  remarks. 

Political  economists,  who  are  but  the  overpaid 
apologists  of  bourgeois  society,  have  sought-  to 
justify  the  tax  levied  by  capital  on  the  produce 
of  labor  in  the  shape  of  interest,  ground  rent, 
profits,  etc.,  by  pretending  that  the  capitalist  ren¬ 
ders  useful  service  by  his  abstinence,  his  admin¬ 
istrative  ability,  and  so  forth.  If  it  was  possible 
.  r  Adam  Smith  to  defend  this  specious  proposi¬ 
tion  with  some  show  of  reason,  the  Giffens, 
Roschers,  Leroy-Beaulieus,  and  other  such  small 
fry  of  political  economy,  ought  really,  if  they 
would  continue  to  draw  their  salaries  from  the 
middle-class  for  their  interested  special  pleadings, 
to  set  their  wits  to  work  to  devise  something  less 
palpably  absurd  than  the  pretended  usefulness  of 
the  capitalist  in  the  modern  system  of  great 
mechanical  production. 

Mechanical  production  has  robbed  the  artisan 
of  his  technical  skill  and  turned  the  wage-laborer 
into  a  servant  of  the  machine;  the  capitalistic 
organization  of  industry  has  made  a  parasite  of 
the  capitalist.  The  parasitical  nature  of  his  role 
is  recognized  and  proclaimed  by  the  creation  of 
anonymous  companies  whose  shares  and  obliga¬ 
tions  the  bourgeois’  titles  of  property — pass 
from  hand  to  hand,  without  exerting  any  influ¬ 
ence  on  production,  and  on  the  Stock  Exchange 
change  hands  a  dozen  times  a  day.  The  Roths¬ 
childs,  Grants,  Goulds,  and  other  financiers  of 
that  stamp,  practically  demonstrate  to  the  capi¬ 
talists  that  they  are  useless,  by  cheating  them 
out  of  their  shares  and  bonds  by  Stock  Exchange 


158 


BOURGEOIS  PROPERTY 


swindling,  and  other  financial  hanky-panky,  and 
by  accumulating  in  their  strong  boxes  the  profits 
derived  from  the  great  organisms  of  production. 

In  the  days  when  the  feudal  baron  dwelt  in  his 
fortified  castle,  in  the  midst  of  his  vassals,  ad¬ 
ministering  justice  to  them  in  time  of  peace,  and 
donning  his  armor  and  putting  himself  at  the 
head  of  his  men  to  defend  them  in  cases  of  in¬ 
vasion,  the  feudal  nobility  was  a  class  essen¬ 
tially  useful  and  which  it  was  impossible  to  sup¬ 
press  ;  but  so  soon  as  a  relative  tranquillity  had 
been  established  in  the  country,  and  as  the  towns 
and  boroughs,  converted  into  strongholds,  be¬ 
came  capable  of  defending  themselves,  the  nobles 
ceased  to  be  wanted ;  they  abandoned  their  cas¬ 
tles  and  betook  themselves  to  the  ducal,  episcopal, 
royal,  and  imperial  courts  in  which  they  ended 
by  becoming  a  body  estranged  from  the  nation, 
and  living  on  it  parasitically :  that  very  moment 
their  doom  was  sealed.  If  the  nobility  have  not 
in  all  European  nations  been  as  brutally  mowed 
down  as  they  were  during  the  French  Revolu¬ 
tion  in  1789,  they  have  yet  everywhere  forfeited 
their  feudal  privileges,  and  become  merged  in 
the  ranks  of  the  bourgeois,  from  whom,  at  pres¬ 
ent,  they  only  distinguish  themselves  by  the  ab¬ 
surdity  of  their  aristocratic  pretensions.  In  cap¬ 
italistic  nations  the  nobility  have  disappeared  as 
a  ruling  class.  The  same  fate  awaits  the  cap¬ 
italist  class.  The  day  that  the  capitalist  ceased 
to  have  a  function  to  perform  in  social  produc¬ 
tion,  the  death-warrant  of  his  class  was  signed; 
it  remains  but  to  execute  the  sentence  pronounced 
by  the  economic  phenomena,  and  the  capitalists 


BOURGEOIS  PROPERTY 


159 


who  may  survive  the  ruin  of  their  order  will  lack- 
even  the  grotesque  privileges  of  the  pedigreed 
nobility  to  console  them  for  the  lost  grandeur  of 
their  class.  Machinery  which  has  killed  the  ar¬ 
tificer  will  kill  the  capitalist. 

VI 

Civilization,  after  having  destroyed  the  rude 
and  simple  communism  of  the  beginnings  of 
humanity,  elaborates  the  elements  of  a  complex 
and  scientific  communism.  Just  as  in  primitive 
times,  labor  is  today  performed  in  common,  and 
the  producer  owns  neither  the  instruments  of 
labor  nor  the  products  of  his  labor.  The  produce 
of  labor  is  not,  as  yet,  shared  in  common,  as  was 
the  case  with  the  savage  and  barbarian  tribes; 
it  is  monopolized  by  idle  capitalists  whose  sup¬ 
pression  is  now  but  a  question  of  time  and  op¬ 
portunity.  Let  the  parasites  of  property  have 
been  swept  away,  and  communistic  property  will 
affirm  itself  and  implant  itself  in  society.  In 
primitive  society  property  was  common  only 
among  members  of  the  same  tribe,  connected  by 
the  ties  of  blood ;  every  human  being  not  in¬ 
cluded  in  the  narrow  circle  of  kinship  was  a 
stranger,  an  enemy;  but  in  the  society  of  the 
future,  property  will  be  held  in  common  by  all 
the  members  of  the  great  human  family,  with¬ 
out  distinction  of  nationality,  race,  or  color;  for 
the  workers,  bowed  under  the  same  capitalistic 
yoke,  have  recognized  that  brothers  in  misery, 
brothers  in  revolt,  they  must  remain  brothers  in 
victory. 


160 


BOURGEOIS  PROPERTY 


This  final  communist  and  international  revo¬ 
lution  of  property  is  inevitable;  already,  in  the 
midst  of  bourgeois  civilization,  do  the  institutions 
and  communistic  customs  of  primitive  times  re¬ 
vive. 

Universal  suffrage,  the  mode  of  election  em¬ 
ployed  by  savages  and  barbarians  in  electing 
their  military  chiefs  and  sachems,  is  re-estab¬ 
lished,  after  having  been  set  aside  by  the  bour¬ 
geois  governments  who  had  proclaimed  it  the 
basis  of  political  power. 

In  primitive  ages,  habitations  were  common, 
repasts  were  common,  and  education  was  com¬ 
mon.  In  our  municipal  schools  children  are 
taught  gratuitously  and  in  common;  in  some 
cities  they  are  beginning  to  receive  gratuitous 
repasts.  In  our  restaurants  civilized  folk  are  be¬ 
ing  poisoned  and  cheated  in  common,  and  in  the 
many-storied  houses  of  our  large  cities  they  are 
cooped  up  in  common  like  rabbits  in  a  hutch. 

If  universal  suffrage  is  a  juggle;  if  our  town 
houses  are  unwholesome ;  if  the  rest  of  our  in¬ 
stitutions,  affecting  a  mock  communistic  charac¬ 
ter,  are  a  bane  to  those  whom  they  profess  to 
benefit,  it  is  because  they  evolve  in  a  bourgeois 
society  and  are  established  for  the  sole  behoof 
of  the  capitalist.  None  the  less  are  they  of 
capital  importance ;  they  destroy  individualistic 
instincts  and  form  and  fashion  men  for  the  com¬ 
munistic  habits  of  the  society  to  come. 

Communism  exists  in  a  latent  form  in  bour¬ 
geois  society ;  circumstances,  not  to  be  foreseen, 
will  cause  it  to  burst  forth  openly,  and  will  re¬ 
instate  it  as  the  only  possible  form  of  future  so¬ 
ciety. 


Date  Due 


npeo 

>*  4ftm  a 

1  1#  I'll 

u  EHITST 

NOV 

1M372 

..  j&n 

ItOV  f 

&n4 

3  gj  g  <<§ 

“W‘  w 

*  B  ^|/  ;||—  ^  .'* 

J  h  ti  3 

ip^+i 

H€®£ 

JAti 

*  - 

J - -"-A..  : - 

{ 

/f 

.  >r 

r— «  n— 

r 

-fl 

■frffc  if 

~m± 

nggo 

- - 

^  :-Jb 

5  fey 2 

r  \  a  m  0 

i  v:oi  ^ 

1  •  a-  n  i 

1 — 

CAT.  NO.  23  233  PRINTED  IN  U.S.A. 


HB  701  .L17 

Lafargue,  Paul,  1842-1911 
The  evolution  of  property  from 


0 


I  m|  jjjjjj 

63  0202 


010101  000 


54  2 


TRENT  UNIVERSITY 


HB701  .L17 

Lafargue,  Paul 

The  evolution  of  property  from 
savagery  to  civilization 


DATE 

lss172864 

af*  '2ij 
■ - - 

W? fT  7^--' 

172864